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10 APRIL 2024

Thursday, August 22, 2013

‘School’s negligence caused boy losing eyesight’

Eight-year-old student lost left eyesight after classmate slammed a door with a broken handle on him, Sessions Court was told.
BUTTERWORTH: A broken metal door handle pierced a pupil’s left eye leaving him blind when a classmate slammed the door on the eight-year-old three years ago, the Sessions Court heard today.
P Sasitharan, now 11, told the court that he was walking back to his classroom after buying a drink in the canteen when a classmate pushed the door against him.
The sharp edge of the broken door handle pierced Sasitharan’s left eye.
Dr Dinesh Kumar of Penang Hospital had previously testified that Sasitharan had suffered permanent damage of his left eye.
The incident took place in Sekolah Jenis Kebangsaan Kay Sin in Perkampungan Machang Bubok, Bukit Mertajam, at about 4pm on July 2, 2010 when Sasitharan was in Year Two.
Sasitharan was testifying before Judge Roslan Hamid.
In his suit filed through his father, M Paramaseevan, 51, Sasitharan had named the school headmaster Yew Teck Huah, the Education Ministry’s director-general and the government as defendants.
The defendants are represented by senior federal counsel Zahruddin Mohd Isa.
Sasitharan is claiming aggravated and exemplary damages, general and special losses, and other relief deemed fit by the court.
The pupil, who is represented by lawyer Jessica Ram Binwani, filed the writ of summons in October 2011.
Originally he also named the school’s board of management as the first defendant but withdrew it after learning that the school was a fully aided Chinese school.
In his writ, Sasitharan said his loss of eyesight was caused by negligence of the headmaster and the education department for failing to repair the door handle and warn the children on the condition of the door.
The defendants did not deny the incident had occurred but claimed Sasitharan violated school rules by running around and chasing his friends in the school compound during recess.
They said Sasitharan exposed himself to danger when he failed to comply with the rules and reminders of the school.
The defendants claimed negligence on the part of Sasitharan.
Sasitharan denied that he was running around and chasing friends during the time of the incident.
He testified that he was merely walking back to his classroom from the canteen at that time.
However, he agreed that he was running around with friends much earlier before he left to the canteen to buy his drink.
Paramaseevan testified that he had to bear the cost of medical treatment for his son, including in India.
The hearing continues.

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