Negligence cannot be presumed without sufficient evidence.

Heard the learned counsels appearing for the parties concerned.

2. This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus directing the respondents to pay compensation to the petitioner to the tune of Rs.20,00,000/-, for causing the death of the son of the petitioner.

3. The petitioner has stated that his son, namely, A. Vijay Anand, was studying at C.S.I. Higher Secondary School for the Deaf, Mylapore, Chennai. The school authorities had organised an excursion to Mysore, for the students studying in the XI standard, during the academic year 20112012. The trip had been undertaken by the school, on 16.9.2011. While at Mysore, on 18.9.2011, the petitioner had been informed that his son, A. Vijay Anand, had a bout of fits. Thereafter, the petitioner had been informed that his son, after having been admitted in the Intensive Care Unit of private Hospital, at Mysore, had died. The body of A. Vijay Anand had been brought back to Chennai, by the private Ambulance, in the morning hours of 19.9.2011. However, the school authorities had not informed the petitioner about the circumstances in which the son of the petitioner had died. Later, contradictory statements had been made by the school authorities, with regard to the circumstances leading to the death of the son of the petitioner, raising serious doubts in the mind of the petitioner about the negligent manner in which they had acted.

4. It has also been stated that the Crime Branch C.I.D., Chennai, which had conducted the enquiry into the circumstances leading to the untimely and suspicious death of the son of the petitioner, had submitted a report, dated 13.3.2012, stating that the school teachers, who had accompanied the student, had been negligent and it had been recommended that appropriate departmental action may be initiated against the school teachers. However, no action had been taken against the teachers, who had been negligent in carrying on their duties of protecting the children, who had been taken of an excursion to Mysore.

5. It had also been stated that the teachers, who had accompanied the students, including the son of the petitioner, had been given specific instructions about his physical conditions. The necessary medicines had also been sent along with the teachers to be given if the son of the petitioner suffers from fits.

6. The learned counsel appearing for the petitioner had submitted that it is learnt that, A. Vijay Anand, the son of the petitioner had been left in one of the buses in which the students had travelled to Mysore. When the other students had gone to visit the Zoo at Mysore, A. Vijay Anand had been left alone in the bus, along with the driver of the bus. None of the teachers had stayed back with A. Vijay Anand, even though he was unwell, after having suffered a bout of fits.

7. He had further stated that the driver of the bus had gone to sleep leaving A. Vijay Anand alone in the bus. Further, there are contradictory statements regarding the manner in which A. Vijay Anand had been taken to the Hospital. There had been a considerable delay in taking him to the Hospital, after he had fallen from the seat of the bus, on which he had been sleeping. The circumstances leading to the death of the son of the petitioner is highly suspicious in nature and it is clear from the report of the Crime Branch C.I.D., Chennai, that the teachers of the school of C.S.I. Higher Secondary School for the Deaf, Mylapore, Chennai, had been negligent in taking care of the son of the petitioner, after he had suffered a bout of fits. From the statements of the Doctor, who had treated him, it is clear that he had been brought dead to the Hospital. As such, the school authorities are responsible for the death of A. Vijay Anand, the son of the petitioner and therefore, they are liable to pay an amount of Rs.20,00,000/- as compensation, as claimed by the petitioner, in the present writ petition.

8. A counter affidavit has bee