Boy who became blind in one eye was playing chase, court told

Boy who became blind in one eye was playing chase, court told
Seeking damages: Sasitharan showing his injured eye outside the court in Penang.

BUTTERWORTH - A boy who became blind in the left eye after it was pierced by a broken door handle had been playing chase with another boy before the incident, a Sessions Court here heard.

Goh Soon Tin, an afternoon supervisor from SJK (C) Kay Sin, testified that P. Sasitharan, now 11, told her that he had been playing with another student who closed the classroom door on him when Sasitharan was chasing him that fateful day on July 2, 2010.

"I heard about the incident at around 4pm, so I went to the staff room where Sasitharan was brought to.

"I asked him how it happened and he told me he was running with another boy. The other boy had closed the door on him to stop the chasing.

"He could not avoid the door in time," she said when questioned by defence counsel Zahruddin Mohd Isa.

Sasitharan, who filed a suit through his father M. Paramaseevan, 51, had named school headmaster Yew Teck Huah, the director-general of the Education Ministry and the Government of Malaysia as defendants.

In his statement of claim, he said the defendants failed to take adequate steps to ensure the safety of the schoolchildren.

He said the defendants failed to fix the broken door handle or put up any warning sign to prevent any untoward incident.

The boy also said that his parents took him to India three times for treatment to restore the vision in his left eye without success.

He is seeking RM102,392.62 in general, special, aggravated and exemplary damages, as well as interests and costs and any other relief deemed fit by the court.

In their statement of defence, the defendants stated that Sasitharan was playing with his classmates during recess when a boy pushed the door to stop him from chasing him.

They also stated that Sasitharan had broken school rules by running around in the school compound, had failed to look after himself and was not aware of his surroundings.

Sessions judge Roslan Hamid fixed Jan 23 for the final defence witness to testify and also for both lawyers to submit.

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