M K GOURIKUTTY Vs. M K RAGHAVAN

JUDGEMENT

(1.) These two appeals are preferred against the judgment and decree in O. S. No. 37 of 1982 on the file of the Subordinate Judge's Court, Kozhikode. A. S. No. 240 of 1991 is filed by the 6th defendant, while A. S. No. 513 of 1991 is filed by defendants 1 to 3. The facts relevant for the purpose of the appeal are as follows:

(2.) The suit was filed for damages. The seventh plaintiff in the suit underwent an operation for Tubectomy conducted by the sixth defendant on 11.9.1971 in the Government General Hospital, Calicut. The fifth defendant performed Anesthesia for the said purpose. After the operation, the seventh plaintiff did not regain consciousness even after so many days. The first plaintiff, the husband of the seventh plaintiff was under the hope that his wife would regain consciousness. It is stated that even today she remains unconscious. According to the plaintiffs, it is due to negligence of defendants 5 and 6 that the mishap occurred. At the time of operation, the seventh plaintiff was only 30 years of age. The said operation was on the 3rd day of the 4th delivery of the seventh plaintiff. Even now she is not able to recognise her new born child.

(3.) The seventh plaintiff was an Auxiliary Nurse cum Midwife drawing a salary of Rs. 280/- as on 11.9.1971. As a result of the said operation, she could not rejoin service. She has been removed from service. The first plaintiff, the husband of the seventh plaintiff, has been financially ruined on account of the heavy expenditure incurred by him for the medical treatment of the seventh plaintiff. The sixth plaintiff, who is the sister of the seventh plaintiff is attending on the seventh plaintiff as she is not capable of doing anything. In the suit, the State of Kerala, the Secretary to the Government of Kerala, the Director of Health Services, Dr. B. Mukerjee, Associated Professor, IMCH, Medical College, Calicut, Dr. C.V. Pathi, Anesthesia Specialist, Government General Hospital, Calicut and Dr. Miss Gourikutty, S. A. T. Hospital, Trivandrum, who performed the operation were made parties.