Seven-year-old Sohail from Sion who had got into a fight with his classmate, has lost his left eye vision completely.
A report submitted by Dr T. P. Lahane, Dean of J.J. Hospital, submitted a report in the Bombay High Court on Monday saying that he cannot see with his left eye.
Sohail, a student of New Sion Urdu School, had lost his left eye after one of his classmates accidentally jabbed a pencil into his eye on January 15.
His mother Sherbano Khan (32) had filed a public interest litigation in February alleging that her son Sohail lost his eye due to negligence of a teacher as medical treatment was not provided on time. She has even claimed compensation.
Public Prosecutor P.A. Pol submitted a detailed report by Lahane in the court which supported Sherbano’s case that her son has permanently lost vision of his left eye.
The high court, on July 28, had asked Lahane to examine Sohail and submit a report after the Brihanmumbai Municipal Corporation (BMC) contended that the boy has not lost his eyesight.
A division bench of Justice Ranjana Desai and Justice V.K. Tahilramani has kept the matter for further arguments on August 5 after the BMC once again refused to pay compensation to the boy.
The corporation has been repeatedly refusing to grant compensation saying that it was not a case of negligence by their teacher. The BMC counsel S. Pakale had said the child had not permanently lost his eyesight and could be rectified by surgery.
Bhavesh Parmar, Sherbano’s advocate, argued that the corporation had been negligent in ensuring safety of the child in their school premises.
The golden rule was not followed in which a person who has had an accident has to be admitted in hospital within one hour, Parmar has argued.
Besides, although the Sion hospital is next to the school, Sohail was made to sit in the school for nearly 2-3 hours before allowing him to go home, argued Parmar.