Hon'ble Judges/Coram:
A.P. Misra and U.C. Banerjee

JUDGMENT

U.C. Banerjee, J.

1. A very sad tale concerning fourteen young kids resulting in untimely and unfortunate death of all of them stands out to be the subject matter of the Appeal under consideration. Said tale by reason of the fact that a sheer fun of young ones turned out to be fatal as a consequence of utter and callous neglect of teachers on duty.

2. Adverting to the factual aspects, it appears that on 28.5.1995, 59 boys and 18 girls (totalling 77) students, all in 4th, 5th and 6th classes of Dalhousie Public School, Badhani, Pathankot were brought for a picnic at Tandapatanindora on the bank of river Beas. The Head Master of the School deputed one Shri Surinder Pal Singh and another Shri K. Shanmugham being teachers in the School for escorting and taking due and proper care of the students. Incidentally, the site chosen for the picnic was the same on which the earlier picnic of the School was held on 7th May, 1995.

3. On the contextual facts, it appears that the School concerned has in its activities, a usual picnic for all the students in batches. Some of the students had already been into the picnic and these 77 were chosen for the batch which was scheduled for 28th May, 1992. It has been the version of the School authorities that in true educational institution, extra curricular activities play a dominant role in imparting proper education to the students and outings/picnics thus have been a regular feature in the school; whereas in the event of there being a plan for overnight stay, the School management without parental consent would not permit the concerned student for participation therein though however, the same is not a requirement in a day time outing or picnic.

4. The factual score further reveals that the management of the School organised the picnic on 7th May, 1995 for the student as noticed above and selected the same site on the bank of river Beas which flows from North to South direction having a width of approximately 200 ft. On the fateful day, however (28th May, 1998) the students were accompanied by five teachers, two mess boys, one supplier and the driver of the bus along with two European ladies (GAP students) in the picnic party. The records depict that in the post lunch period, fourteen students alongwith two teachers Shanmugam and S.P. Singh went down the river for a considerable distance with about 14 students and the teachers however discovered a sudden 'dibber' of about 6-8 ft. deep by reason where for the teachers themselves along with the students fell into a great danger - whereas teachers could save themselves up - the students fell a victim of utter neglect of the teachers. The chil........