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2017 Supreme(Mad) 2526
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.M. SUNDRESH, N. SATHISH KUMAR, JJ.
The State of Tamil Nadu, Rep. By its Secretary, School Education Department, Chennai & Others - Petitioners
Versus
M. Shahul Hammed & Others - Respondents
W.A. (MD) Nos. 497 & 524 of 2012
Decided On : 19-07-2017
Advocate Appeared:
M. Murugan, Mohammed Imran for M/s. Ajmal Associates, G. Prabhu Rajadurai
The main legal point established in the judgment is the liability for negligence in the case of a swimming pool accident, and the determination of compensation for the death of a minor child.
Headnote:
Negligence - Swimming Pool Accident - Tamil Nadu Sports Development Authority Act, Section 7 - Compensation awarded for the death of a minor child due to drowning in a swimming pool. The court found negligence on the part of the teachers and employees of the State Government. The State Government and the Correspondent of the School were held liable for compensation. The court upheld the compensation awarded by the Single Judge.
Fact of the Case:
The writ petitioner's son drowned in a swimming pool during a school trip due to negligence on the part of the teachers and employees of the State Government. The court found that both the teachers and the employees of the State Government were negligent at the relevant time.
Finding of the Court:
The court found negligence on the part of the teachers and employees of the State Government, and upheld the compensation awarded by the Single Judge.
Issues: Whether the appellants were negligent on the date of the accident, and the liability of the State Government and the Correspondent of the School for the death of the minor child.
Ratio Decidendi: The court held that the teachers and employees of the State Government were negligent, and that the State Government and the Correspondent of the School were liable for compensation.
Final Decision: The writ appeals were dismissed, and the compensation awarded by the Single Judge was upheld.
N. Sathish Kumar, J.
These two appeals are arising out of the order passed in the writ petition in W.P(MD)No.14538 of 2010 directing the State of Tamil Nadu, is the appellant in W.A.No.497 of 2002 to pay a sum of Rs.5,00,000/- and direction to the appellant in W.A.No.524 of 2012 to pay a sum of Rs.2,00,000/- along with interest at the rate of 6% from 10th December, 2010 for the death of the minor child of the writ petitioner.
2. Since two appeals arising out of the same order, we are inclined to dispose of the two appeals in a common order.
3. The brief facts leading to filing of the writ petition are as follows:-
The writ petitioner's son by name Mohammed Asif was a student of Little Flower Matriculation School, Cheranmahadevi Road, Tirunelveli Town, Tirunelveli District and he was a III Standard student aged about 9 years. On the date of unfortunate accident, writ petitioner's son along with other students of the Little Flower Matriculation School were taken to the Swimming Pool situated at Palayamkottai owned by the State Government. The students were accompanied by the School Teachers. On the date of unfortunate accident, the petitioner's son, due to improper care and negligence on the part of the School Teacher, was drowned in the Swimming Pool. Similarly, the Officials of the Anna Swimming Pool also did not take reasonable care. The authorities were not employed sufficient number of life savers, in view of the danger involved. Hence, the writ petition has been filed for claiming compensation for loss of petitioner's son in an accident in the Swimming Pool.
4. In the counter affidavit filed by the District Sports Officer, it is contended that the death of the minor boy occurred due to the willful negligence on the part of the Teachers, who took 30 students for Swimming Pool. The Teachers were not present near the students while they were in the Swimming Pool. Only the negligence of the teachers alone contributed for the incident in question. The students have purchased the tickets at the rate of Rs.20/- per head for using the Swimming Pool for an hour only for taking bath. The students were not given any swimming coaching and it was only a lessor trip. Life Guards were employed in the swimming pool and after seeing that the son of the petitioner was drowned, the life guards took him out of the pool and the petitioner son was given a first aid.
5. In nutshell, it is the contention of the District Sports Officer that the accident was occurred due to the negligence on the part of the Teacher. Wherein it is the contention of the Correspondent, the Little Flower Matriculation School that the School collected a sum of Rs.750/- per month for each student out of which, Rs.500/- would be paid to the swimming pool run by the Tamil Nadu Sports Development Authority. The Institution has been sending the students to the Swimming Pool for the last four years. The students were expected to pay at the rate of Rs.20/- per head on each visit and two teachers were accompanied with the students and there would be a life guards inside the swimming pool and coach employed by the Government would take care of the children and to train them.
6. On 27.06.2009 the petitioner's son was drowned in the swimming pool and infact the life guards were negligent at the relevant point of time. Hence, it is the contention that the Teachers are not negligent.
7. Taking into consideration of the rival submissions, the learned Single Judge has found that the death of the minor child was occurred due to the negligent on the part of the Teachers as well as the life guards employed by the State Government and awarded a sum of Rs.7,00,000/- to the writ petitioner and proportionally fixed the liability on the State Government and Correspondent of the School.
8. Aggrieved over the same, these two writ appeals have been filed by one State Government and another by the Correspondent of the School.
9. The learned Government Advocate appearing for the appellants in W.A(
