GOVT.OF NCT OF DELHI Vs. MAHARAJ KISHAN

JUDGEMENT

(1.) Both appeals impugn the same judgment and decree dated 6th September, 2002 (of the Court of the Addl. District Judge, Delhi in Suit No.15/2000 filed by the respondent no.1 in each appeal against the three appellants in RFA No.774/2002 and the appellant in RFA No.100/2003) of recovery of compensation in the sum of Rs.4 lacs jointly and severally from the appellants, along with costs and pendente lite and future interest at 12% per annum.

(2.) Notice of RFA No.774/2002 was issued on 3rd December, 2002 and vide ex parte order of that date, subject to the deposit of the decretal amount in this Court, execution of the impugned judgment and decree was stayed; 50% of the amount so deposited was ordered to be released to the respondent no.1/plaintiff on his furnishing personal security. In compliance therewith, a sum of Rs.4 lacs and a further sum of Rs.1,20,000/- was deposited. Vide order dated 13th August, 2003, release of 50% of deposited amount to respondent No.1/plaintiff was made subject to furnishing security to satisfaction of Registrar. Upon filing of RFA No.100/2003, notice thereof also was issued and delay in filing the same condoned. Both appeals were admitted for hearing on 9th December, 2003 and the Trial Court record requisitioned. It however appears that the respondent No.1/plaintiff did not furnish security and thus no part of the decretal amount deposited has been released to him. During the hearing of arguments on 9th February, 2011 the counsel for the respondent no.1/plaintiff as well as the counsels for the appellants agreed that expert opinion of some independent Medical Board be taken as to whether any negligence was committed by the doctors or the hospital and also whether the proper pre-operative and post-operative procedures were fully complied with by the attending doctors. Accordingly the Director of All India Institute of Medical Sciences (AIIMS) was directed to constitute a Medical Board of three eminent doctors specialized in the field, to give their expert opinion with special emphasis on the following:-

(3.) Vide subsequent order dated 11th March, 2011, the earlier order dated 9th February, 2011 was modified to the extent that the direction aforesaid was issued to the Chief/Medical Superintendent of Dr. Rajendra Prasad Centre for Ophthalmic Sciences instead of AIIMS. A report dated 15th June, 2011 was received in pursuance thereto. However vide order dated 10th January, 2012 the following additional question was referred to the same Medical Board:-