SC Orders Delhi Day-care Centre to Pay Rs 2.5 Lakh Compensation to Child Injured on Premises [19-04-2019]

New Delhi: The Supreme Court has ordered a day-care centre in Delhi to pay Rs 2.5 lakh in compensation to a child, who sustained injuries after he fell in the facility’s premises.

A bench headed by Justice DY Chandrachud directed Brats and Cuties School to shell out the money and give a quietus to the dispute pending since 2013 when the incident had taken place.

The minor boy, while coming down from the first floor to the ground floor in a group of 5-6 kids, had reportedly jumped with the help of the railing but fell on the floor and hurt his left eye. There was a maid leading the group of children when the incident took place.

The child's parents had accused the day-care centre of being negligent and deficient in service but the National Consumer Commission dismissed the allegations in its order last year.

The commission noted that no negligence can be attributed to the maid or the day-care facility on the grounds that there should have been more maids or extra precaution was required to prevent such mishaps.

The child, through his parents, challenged this order in the top court, which called for an independent report on the injuries from medical experts of the Delhi's All India Institute of Medial Sciences (AIIMS).

After the report was received and some injuries were recorded in it, the day-care facility as well as the parents left it to the court to decide appropriate quantum of the damages. The bench fixed the compensation as Rs 2.5 lakh.

“We accordingly direct that the respondent shall pay an amount of Rs 2.50 lakhs to the appellant, through his mother, within a period of two weeks from today in full and final settlement of all the claims, dues and outstanding," it ordered.

Brats and Cuties also had it recorded in the court order that the compensation was being paid as a “humanitarian gesture”.

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20 Apr 2019