LEELA BAI Vs. SEBASTIAN

JUDGEMENT

(1.) Both these appeals are filed against the judgment and decree in O.S. No. 102 of 1988 of the Additional Sub Court, Alappuzha. While A.S. No. 395 of 1994 is filed by the first defendant, the other appeal, A.S. No. 694 of 1994 is filed by the second defendant. The suit was filed for compensation by the husband of one Elsamma on his behalf and on behalf of the minor daughter.

(2.) According to the plaintiffs, Elsamma was admitted in the Women & Children Hospital, Alappuzha at 2 P.M. on 22.4.1985 for delivery. At about 8.20 P.M. she gave birth to the second plaintiff. In the night by about 9.30 she started bleeding. The duty Doctor removed the patient to the operation theatre for an emergency operation. The first defendant was the Doctor - in - charge of the hospital on that day. The first defendant was called. She came to the hospital late. Thereafter, it was decided to refer her to the Medical College Hospital, Alappuzha. There she was admitted at 2 A.M. After the operation was over, she never regained consciousness and she was declared dead at about 7 A.M.

(3.) The case of the plaintiff is that Elsamma died due to the negligence of the first defendant. According to the plaintiffs, it was because of the delay caused in referring the patient to the Medical College Hospital that the death occurred. Further, it was stated that after preparing Elsamma for operation in the Women & Children Hospital without any basis the first defendant waited and did not allow the surgeon of the hospital to conduct the operation.