This appeal challenged a decree of Rs. 3,41,140 awarded to a student injured in a burn accident at Sree Narayana Women's College. The appellant alleged student negligence, but the High Court found the compensation reasonable under various heads and dismissed the appeal.
The appeal was dismissed with no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
RFA NO. 363 OF 2009
AGAINST THE ORDER/JUDGMENT IN OS 308/1997 OF ADDITIONAL SUB COURT,
KOLLAM
APPELLANT/1st DEFENDANT:
SREE NARAYANA TRUST KOLLAM REPRESENTED BY ITS SECRETARY, MANAGER, SREE NARAYANA WOMENS COLLEGE, KOLLAM.
BY ADVS. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL
RESPONDENTS/PLAINTIFFS 1 AND 2/DEFENDANTS 2 TO 5:
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA NO. 363 OF 2009 2
JUDGMENT
The first defendant came up in appeal against the
decree granting compensation at the tune of Rs.3,41,140/- based on an alleged incident happened at the chemistry lab in the college run by the first defendant. She was a student and while she was in the chemistry lab, one of the staff attached to the college poured spirit by opening the mouth of a burning lamp and accidentally caught fire and exploded, resulting burn injuries to her face, both the forearm, neck and left ear, according to the version given by the victim/plaintiff. It was disputed by the first defendant management alleging contributory negligence. According to them, while pouring spirit to the mouth of a burning lamp, accidentally it fell down on the desk and caught
fire. She was wearing a salwar and due to her
negligence, the fire spread over to her dress. Both
the versions given by the respective parties would
admit the alleged incident and the cause of fire
RFA NO. 363 OF 2009 3
break from the negligent act of the staff attached to
the college. As such, no negligence can be
attributed against the student.
The appeal fails, dismissed.
Sd/-
P.SOMARAJAN JUDGE
msp
2 issues framed by the court
Whether the High Court should disturb the compensation awarded for burn injuries sustained by a student in a college chemistry lab.
Whether contributory negligence on the part of the student justifies setting aside the lower court's award of damages.
SREE NARAYANA TRUST KOLLAM
RENJINI
REMANI
MOLY
VINEETH
VEENA
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
