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  • Category: Indian Law

    Legal opinion about a student's accident involving school bus


    Looking for legal advice on how to take action against a school for negligence due to a school bus accident? Get quick advice on the legal remedies you can get in such a scenario.

    One of my relative's son was coming home from school by the school bus. On the way the door was open and the bus was plying 60 km/hour. The boy who was a 11th class student was standing near the door. He fell down and his head and face was seriously injured. The boy was admitted in hospital and was on ventilator for 6 days. Finally the boy died yesterday. Now what is the course of action and legal remedies available to the parents? Kindly give the professional advice and avoid answering if you are not a professional.
  • #145317
    There is legal course available for the parents for lodging a case on school administration and their driver and other helping staff in that bus for not observing the safety regulations while driving and allegedly driving bus with a more speed as stipulated for local roads in that area.
    Another point will be as the driver and staff were aware that the boy was standing near gate they should have insisted him to sit on a seat and should not have allowed him to stand near door.
    It cleary shows that school administration has not hired properly trained driver for this purpose. The credentials of driver are to be scrutinised by the school before hiring for such a responsible and delicate work.

    School administration should not allow overseating or crowding of bus as that is very dangerous situation and in case of accidents will result in much more fatalities.

    It is to be checked with school whether there is any composite insurance policy taken by them in respect of students for accident in school premises or during transport. If yes the terms and conditions of that can also be looked into.

    There is definitely the legal course and the parents have to fight it and only thing is it takes long time for the legal resolutions and the responding party will delay it on one pretext or other.

    In such cases in many instances court verdicts for huge compensations to parents. If the school is big they can appeal against the judgement in a higher court and again delay the process. So parents can go ahead after examining these aspects.

    Knowledge is power.

  • #145321
    The school bus will have insurance done. So after the accident we have to give a information to the insurance company within 48 hours of the accident happening. Then the surveyor will be deputed and they will do the needful.
    Now the parents of the boy can file a legal case against the school administration, driver and other concerned under M V ACT. This will be the correct way. You have to go to a lawyer and through him you have to get this notice sent. For this there is no time limit. Almost 20 years back I met with an accident and filed a case against the owner of the vehicle, driver and cleaner through a lawyer. I have attended the court only once. All other matters were looked after by the lawyer. Even I have not paid anything to the lawyer before the settlement. After settlement 15% of the amount was paid to him as his fees. You please advise your relations to go this way.

    drrao
    always confident

  • #145324
    Thanks to the authors for guidance. I do too feel so.
    The greatest wealth in this world is mental peace and good health.

  • #145329
    As per reporting of the case, two lapses appear to surface - the first one is the negligent attitude of the staffs present in the Bus since the door of the Bus opened which caused the fatality of the boy and the second one is the callous attitude of the staffs allowing the boy to remain in the standing - position near the gate. They could have taken preventive steps by offering the boy a seat. Moreover, they should have intimated the Management - committee regarding the faulty mechanism of the system resulting in the sudden opening of the door of the Bus.
    The School - administration cannot be absolved of the present mishap.
    The best recourse, under the present circumstances would be to file legal suit against the erring staff of the Bus and the School - administration. The lawyer has to be consulted and through him legal notice is to be sent.
    There is also the provision from the Insurance - company to offer compensation to the diseased in the event of accident and hence you may approach the Insurance - company from where the Management purchased the insurance - policy against the bus. You are entitled to get compensation.


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