U.K. KINI (DR.) Vs. K. VASUDEVA PAI

JUDGEMENT

(1.) Defendants 1 and 2 in O.S. No. 195/1983 on the file of the learned Principal Civil Judge, Mangalore, have filed this appeal against the judgment and decree dated 29th Oct. 1988 passed therein awarding damages in a sum of Rs. 2 lakhs in respect of their alleged medical negligence.

(2.) Respondents 1 to 3 are the plaintiffs 1, 3 and 4 in the Court below and respondent 4 was the third defendant joined as such as the application of the plaintiffs. Plaintiff No. 2, the victim of the negligence, died on 25.10.1985 during the pendency of the Suit. For the sake of convenience, the parties to this Appeal are herein after referred to with reference to their rank in the Trial Court.

(3.) The undisputed facts leading to the judgment and decree under appeal are as follows:-