What action can i take if my classmate has beaten me for seat

420 votes

Through the legal doctrine of in loco parentis (a Latin term meaning "in place of the parent"), the courts have said that schools and its teachers assume the role of parents in the areas of supervision and discipline. In assuming this role, each school has a legal "duty of care" to do everything within reason to protect students from undue harm. This includes exercising good judgment and using reasonable force when necessary to quell student-on-student violence.
A school's legal duty of care begins the minute a student steps onto a school bus and it continues throughout the school day. This includes extracurricular activities occurring on school property, and when students are off school property for school-sponsored activities like football games, inter-school debates, etc.
The school's duty of care ends when the student steps off the school bus at the end of the day, leaves with a parent, or, in the case of high-school students, leaves by their own means.
When a school breaches (violates) its duty of care, the breach constitutes school negligence. When a school's negligence results in injuries to a student, the student can receive compensation for his or her damages.
Damages can include the student's medical, dental, and therapy bills, his parent's or legal guardian's out-of-pocket expenses for medications, crutches, slings, etc., the student's lost wages (if he or she has a part-time job) and for the student's pain and suffering and emotional distress. Damages generally do not include a parent's pain and suffering.
Assault, even by a student on another student, is a crime. Depending upon the severity of a student's injuries, schools have the discretion whether to call the police to make an arrest or not.
Before anyone can assess parental liability, the injured student has to prove the assault was unprovoked and not the result of self-defense.

If injuries are soft tissue, including minor bumps and bruises, cuts and minor swelling, you can probably handle the claim yourself. However, if the injuries are the more serious "hard injuries," including fractures, deep cuts and gashes, scarring, burns or the like, you need a licensed personal injury attorney. There's just too much at stake to "go it alone." Look for an attorney with experience in school law.

LawRato LawRato

574 votes

You may file an FIR against the said classmate. If police is not taking cognizance of your complaint you may file private complaint against him. But as you have mentioned classmate it is not clear whether u r major or minor. So not able to give u exact advice.

Advocate Sagar Kothari LawRato