JOSEPH Vs. GEORGE MOONJELY

JUDGEMENT

(1.) This case reminds us of the Stone Age cave doctor performing 'surgery' by making an 'incision, with a sharpened stone and 'suturing' with a Stone needle - his primitive instruments - while the 'anaesthetist' stood by with a large dub in his hand, ready to strike the patient if he showed any sign of life.

(2.) These two appeals arise out of the judgment of the learned Principal Subordinate Judge, Parur in O. S No. 109 of 1984 dt. 10-1-1990 granting a decree of Rs. 93,000/- with interest at the rate of 12% per annum on the above sum in favour of the plaintiffs appellants (being husband and minor children of deceased Mary) towards damages under various heads for causing the death of the said Mary by negligently performing a Post Partum Sterilization (P. P. S.) operation. A. S. No. 297 of 1993 filed by the plaintiffs is for enhancement of compensation as claimed in the plaint tand A. S. No. 54 of 1991 filed at the instance of the defendants 1 and 2 is to set aside the judgment and decree of the Trial Court in O. S. No. 109 of 1984.

(3.) For the sake of convenience, we are treating A. S. No. 297 of 1993 as the main appeal.