ADORATION CONVENT Vs. CICILY

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the Sub Court, Thodupuzha dated 27.6.88 in O. S. 108/86. Defendants 2 and 3 are the appellants. The suit was filed by the plaintiff respondent herein claimed damages of Rs. 3,50,000/- from the defendants. The Lower Court after trial decreed the suit against defendants 2 and 3 for Rs. 1 lakh with interest thereon at 6% per annum from the date of decree, by the impugned decree and judgment. Hence defendants 2 and 3 have preferred this appeal.

(2.) The plaintiff claimed damages on the following allegations. On 18.10.84 at about 4 p.m. while carrying a bucket of water the plaintiff stumbled and fell down and experienced sprain on her right foot, while developed into severe pain with inflammation. On 18.10.84 itself she went to the Mercy Hospital, owned and run by the 1st defendant where the 3rd defendant had been working as a doctor. The 3rd defendant examined her and gave medicines. Though she consumed medicines as prescribed by the 3rd defendant, the pain did not subside. On 23.10.84 at about 7 a.m. she went to the hospital and met the 3rd defendant. She was admitted in the hospital and got Xrayed her right foot. The 3rd defendant told her that there is fracture and on 24.10.84 plaster cast was applied below the right knee excluding the toes. On 25.10.84 the toes showed discolouration and there was swelling below the knee. The 3rd defendant was called and he gave an injection. Blisters were developed at the root of the middle two toes of the right foot and the 3rd defendant performed surgery on the blisters. But the pain continued and the 3rd defendant removed the plaster on 29.10.84. Then it was found that the entire foot became septic and ulcers formed on both sides. All toes had become black in colour. Though the plaintiff sought for discharge, the 3rd defendant told her that there is no need for any anxiety and her condition was improving. On 2.11.84 the 3rd defendant brought a surgeon from the Medical College Hospital, Alleppey, who examined the plaintiff and said that the tissues were damaged incurably and the toes should be amputated. She was removed to the Medical College Hospital, Kottayam on 2.11.1984 and found that amputation of part of her foot was necessary. On 7.11.1984 half of her foot was amputated. Skin grafting was also conducted. There was absolutely no need to put her leg in plaster cast. Due to the plaster the nerves were pressed and damaged. It was due to the negligent handling by 3rd defendant her foot had to be amputed. The plaintiff was aged only 24 years and unmarried at that time. The prospects for her marriage has become dim and she also lost her brilliant academic career. She had to suffer unbearable mental pain and agony apart from permanent disability and disfiguration. She had to spend large amount towards expenses for her treatment. All these loss and sufferings were caused to her due to the negligence of the 3rd defendant. Therefore, she is entitled to damages for Rs. 3,50,000/-.

(3.) The defendants contested the suit by filing separate written statements. The 1st defendant contended that he had nothing to do with the hospital, its ownership or management or control and as such not liable for the claim made by the plaintiff.