LAWS(DLH)-2012-10-179

GOVT. OF NCT OF DELHI Vs. SHOBHA

Decided On October 11, 2012
GOVT. OF NCT OF DELHI Appellant
V/S
SHOBHA Respondents

JUDGEMENT

(1.) THIS intra court appeal impugns the judgment dated 25 th April, 2003 of the learned Single Judge of this Court allowing CWP No. 7715/2001 preferred by the respondent by directing the appellants to pay total compensation of Rs.3,25,000/- to the respondent for a failed tubectomy operation.

(2.) NOTICE of the appeal was issued and the appeal admitted for hearing on 1st November, 2006. Though the appeal was accompanied with an application for stay of operation of the impugned judgment but no stay was granted. Subsequently on 5 th March, 2010, the counsel for the appellants stated that the amount of compensation will be deposited in the Registry and pursuant thereto a sum of Rs.3,30,000/- was deposited and on 15 th March, 2010 directed to be kept in a fixed deposit. The appeal was dismissed for non appearance of either parties on 10th November, 2009; an application for restoration was filed which was allowed on 21st May, 2010 in the presence of the counsel for the respondent. Today when the matter is called, none appears for the respondent. Considering that the appeal is of the year 2004, it is not deemed expedient to await the respondent any further and the counsel for the appellants has been heard.

(3.) THE counsel for the appellants has also taken us through the record including the consent form signed by the respondent and her husband in vernacular before undergoing the surgery and in which they had admitted having been informed of the probability of failure of the operation and had further undertaken not to blame the hospital/operating surgeon in any circumstance.