Delhi-High court

HC seeks response of Ryan School’s trustees on plea for 10 cr damages for negligence

March 9, 2019

The Delhi High Court on Friday sought response of trustees of Ryan International Schools on a plea by parents of a child, who had drowned in a water tank of the school here in 2016, seeking compensation of Rs 10 crore for alleged gross negligence of the authorities.

A bench of Chief Justice Rajendra Menon and Justice V K Rao was hearing an appeal by the child’s parents against a single judge’s order which had disposed of the plea saying it does not consider apposite to examine the claim in these proceedings.

The court sought response of Ryan International School chairman Augustine Francis Pinto, his wife and director Grace Pinto, their son and CEO Ryan Pinto and other officials including Principal and teachers of the Vasant Kunj school on the petition.

It also issued notice to the DDA, Directorate of Education, Delhi Jal Board and South Delhi Municipal Corporation.

Six-year-old Devansh Meena had gone missing on January 30, 2016, and his body was recovered the same day from a water tank in the school.

A criminal case was registered over drowning of the boy.

The appeal, filed through advocates Ashok Aggarwal, Aditya Aggarwal and Ankit Mutreja, said the single judge in a hasty manner came to the conclusion that the petition is not a case of res ipsa loquitur and had not considered the plea to be a fit case to be adjudicated by it.

As per legal maxim, res ipsa loquitur means “the thing speaks for itself,” a doctrine of law that one is presumed to be negligent if he/she/it had exclusive control of whatever caused the injury, even though there is no specific evidence of an act of negligence.

The plea alleged that the respondents, who are officials of the society which runs the school and other staff, have been grossly negligent.

Source: PTI

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