Death of minor: Govt plea against award of damages dismissed

MADURAI: The state government’s review application against the compensation awarded to family members of a boy, who died during an assault by his classmate inside a government school premises in Dindigul district, was dismissed by the Madras high court.
A Vinoth, the victim, was studying in Class XI at the Kallar Government Higher Secondary School at Vilampatti in the district in 2014.His father K Asaiyan had moved to the court in 2015 seeking compensation from the school administration as his son died due to the negligence of school administration. Im March this year, the court issued the order awarding compensation of Rs 5 lakh. The special government pleader appearing for the review applicants stated that the child in conflict with law was acquitted by the Juvenile Justice Board in June 2018.
The counsel appearing for Asaiyan stated that the school authorities had introduced the poison theory to save their skin but the postmortem report clearly stated that intracranial injury was found on the body of the boy and the death could have been due to the physical injury.
Justice G R Swaminathan observed that the court order cannot be reviewed merely because the Juvenile Justice Board acquitted the child in conflict with law. The judge cited that though the order by the Juvenile Justice Board was passed on June 14, 2018, it was not produced before the court during the petition seeking compensation was allowed.
The judge further observed that the materials placed indicate Vinoth was a victim of physical attack at the hands of his classmate and the doctor’s certificate states the same. Stating that he finds no ground to review the earlier order, the judge dismissed the review application.