The main legal point established in the judgment is the liability of the school authorities and the noon meal organizers for negligence, leading to the petitioner's daughter's injuries and subsequent amputation of her right hand, and the court's authority to award compensation in such cases.

K.N. Basha, J.

1. The petitioner has come forward with this petition seeking for the relief of direction to the respondents to pay a sum of Rs. 5,00,000/- with interest to the petitioner towards compensation for the loss of right hand of the petitioner's daughter, mental agony and loss of good marriage opportunity due to the accident occurred in the fifth respondent school due to negligence on the part of the respondents. This is a pathetic case where the petitioner's daughter, a minor girl by name Muthulakshmi, has lost her right hand due to amputation on the ground of sustaining injuries while she was playing in a Rattinam outside the school campus and due to the alleged carelessness of the management of the fifth respondent school and the respondents, namely, Government officials.

2. The factual scenario of the case is that the petitioner's daughter Muthulakshmi was studying 5th Standard in the fifth respondent school. She is good looking and healthy girl and she hails from downtrodden and scheduled community. She was taking her lunch, as per the Noon Meal Scheme introduced by the Government, in the school premises. On the fateful day i.e., on 22.12.2003, during lunch time while the petitioner's daughter and other students were waiting for noon meal, some of the school children went outside the school to play Rattinam and the petitioner's daughter also went along with them. At that time, neither the school teachers nor the noon meal organizers or any assistants have taken care of the children including the petitioner's daughter by preventing them from going outside the school campus during lunch hours and without even taking noon meal and as a result, the petitioner's daughter Muthulakshmi sustained grievous injuries on her right hand at 1.15. p.m., on 22.12.2003 while playing Rattinam.

3. The petitioner came to know about the occurrence as informed by the school authorities. The injured girl was taken to the Government Hospital, Mayiladuthurai and thereafter, referred to the Thanjavur Medical College Hospital. However, inspite of the treatment given in the Thanjavur Medical College Hospital, the Doctors decided to amputate the right hand of the petitioner's daughter.

4. In view of such an incident, an F.I.R was registered on the same day i.e., 22.12.2003 in Crime No. 768/2003. It is mentioned in the F.I.R that the occurrence said to have taken place at 01.15 p.m. on 22.12.2003. The said F.I.R was registered on the basis of the complaint preferred by the paternal uncle of the girl Muthulakshmi.

5. The petitioner gave several representations to the respondents seeking for the relief of compensation. Lastly, a representation was given on 09.09.2005. The fourth respondent, namely, District Educational Officer, Nagapattinam, on receipt of the said representation, has sent a communication to the District Primary Educational Officer, Napattinam and directed the petitioner to contact the said Officer as per the communication dated 21.11.2005. Thereafter, there was no further response from the respondents. Therefore, the petitioner has been constrained to approach this Court with the present writ petition with the above said prayer.

6. Mr. M.Pari, learned counsel appearing for the petitioner vehemently contended that only due to the negligence on the part of the respondents, the petitioner's daughter suffered serious injuries on her right hand and ultimately, resulted in amputating the right hand itself. It is contended that even as per the admitted version of the respondents, the occurrence said to have taken place during school hours and that too, at the time of lunch hours for taking noon meal organized by the noon meal organizers of the Government. The learned counsel for the petitioner pointed out that it is the paramount duty of the noon meal organizers and other staffs to take care of the children during lunch hours and upto the closing of the school hours, but, as far as the instant case is concerned, the school authoritie