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1997 Supreme(Mad) 241

S.S.SUBRAMANI
Headmistress, Government Girls High School and Others – Appellant
Versus
Mahalakshmi Minor and Another – Respondent


Advocates:
P. M. Murugappan, Govt. Advocate, V. Nicholas (For No. 1), A.R.L. Sundaresan (For No. 2).

Judgment :

Defendants 2, 3 and 4 in O.S. No. 372 of 1989, on the file of Subordinate Judges Court, Dharmapuri, are the appellants.

.2. Suit was filed by plaintiff, who is a minor through her next-friend (father) as an indigent person, for recovery of compensation for the injury caused to the minor plaintiff, on the following allegations :

Plaintiff, at the time of institution of the suit, was a 9th Std. Student in the school of the first appellant. It is a Government managed school. First defendant in this case is an Aya in that school. On 7-8-1987, after the Prayer was over, in the morning, first defendant ordered the plaintiff and another student by name Kavitha to fetch water from a boring pipe situated near the cinema talkies at Saligramam, 11/2 furlongs away. They were given a plastic pot, and they were asked to take the cycle of one Viswanathan, who is also an employee of that School. Plaintiff, as instructed by the Aya took the cycle of Viswanathan and went to fetch water. After water was taken from the boring pipe, the pot was kept in the cycle-carrier. In order to facilitate the placing of the pot correctly and to hold the pot tightly, plaintiff pulled the upper holding por














































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