JUDGMENT :

The 2nd defendant is the appellant before this Court challenging the Judgment and decree passed by the learned Principal District Judge, Dharmapuri in O.S.No.24 of 2009 dated 30.06.2011 in and by which the Learned Judge has decreed the suit directing the 2nd defendant to pay a sum of Rs.2,50,000/- to the plaintiff together with the interest at 9% per annum from the date of the suit till the date of the decree and thereafter at 7% from the date of the decree till the date of realization. The brief facts which are necessary to dispose of this appeal is herein below narrated and the parties are referred to the same rank as before the Trail Court.

1. The plaintiffs had filed the above suit claiming a compensation of a sum of Rs.15,00,000/- for the death of their son.

2. It is the case of the plaintiff that their son was studying in the 9th standard in 1st defendant's school and staying in the hostel attached to the school. On 11.05.2005, after completing the annual exam, the 1st defendant had permitted the said Karthick to learn swimming in the 2nd defendant's swimming pool. It appears that the 2nd defendant did not supervise the boy while he was swimming. As the result of this