STATE OF CHHATTISGARH Vs. GAJENDRA SINGH AND ORS.

JUDGEMENT

(1.) THIS is an appeal against the judgment and decree dated 10.12.2008 passed by the Court of District Judge, Raigarh in Civil Suit No. 01/2005 whereby the decree for Rs. 1,80,000/ - has been passed against the respondent.

(2.) BRIEF facts of the case are that on 24.11.2004, a health camp was organized at Primary Health Centre, Lailunga for conducting Tubectomy (Nasbandi) operation. In such camp, deceased Meenakshi Devi was admitted to undergo the operation for Tubectomy. It was pleaded by the plaintiff that original defendant No. 1 R.S. Upadhyay & original defendant No. 2, Dr. Sunil Nigam, were working at Primary Health Centre, Lailunga and original defendant No. 3, S.K. Kushwaha was working as doctor in District Hospital Raigarh. Defendant No. 4, Smt. Shivani was a nurse in Primary Health Centre, Lailunga. It was stated that at the direction of the State, Tubectomy camp was organized at Lailunga wherein before Tubectomy operation, at the instance of defendants 1 to 3, some injections were administered to Meenakshi Devi. After giving injection, her condition started deteriorating and she lost her sense and thereafter, she was referred to the District Hospital and eventually she died. It was pleaded that the death was caused due to negligence and administration of wrong injections to the deceased Meenakshi Devi. It was stated that the deceased was a teacher, aged about 28 years and used to earn Rs. 2500/ - per month and taking her age at the time of her death, an amount of Rs. 16,20,000/ - was claimed.

(3.) THE learned trial Court after evaluating the evidence which was placed on record came to finding that the incident occurred due to negligence of the defendant doctors and as such an amount of Rs. 2 lakhs was awarded. The same is under challenge.