Sir, approx 35 days before my 6 yrs old son studying in class 1st in Kendriya Vidyalaya was pushed by his classmate during game period and he got calavicle fructure and injury on knee . Still under treatment. No one from the school or parents has come to see my son. Can I file a suite against school or parents of the boy who pushed my boy. What can be done in this case?
Asked in Criminal Law from Belgaum, Karnataka
There is negligence from the side of school authority. It is an accident or happened at the time of game period. There is no willful crime from the side of your sons class mate .Don’t think it be a big legal issue in life. Most probably the school authority not known about the clavicle fracture and injury on knee .Think if it is happened due to the push of your son to other child what will be the reaction from your side.
But if you think to file a case or complaint against school authority,then move for ward but has no merit at all,but surely you must intimate about the clavicle fracture and injury happened to your son at the game time to school authority.
You can file case against kendriya vidyalay board and school alleging negligence and seek compensation.
You should approch consumer court seeking reimbursement of medical expense and compensation for pain and sufferings.
Also you can file criminal cimplaint agaist school management as they are responsible for your son's current situation and still they are acting irresponsibly.
if any offence is done by any person below the age of 12 years is no offence under section 82 of IPC. so you can't file case against that boy if his age is below 12 years. you can file case against the school administration for his ignorance. file civil suit under law of tort for compensation including medical treatment of your son, mental and physical agony etc. school administration is bound to take care of your child.
1. You can lodge a complaint against the boy who pushed your son. The parents of the student who pushed him can be sued to claim compensation and damages.
2. The school can be sued for negligence. It is under a duty to protect within its premises all the students. Failure to perform this duty entitles you to claim damages from it.
1. No. There is no offence committed by the parents of the boy,
2. You can file a damage suit against the school for not making any arrangement to ensure the safety of the children by deploying employees/teachers to oversee the activities of the child students.