STATE OF GUJARAT Vs. BHANUDANJI MEHSANDANJI GADHVI

JUDGEMENT

(1.) FIRST Appeal No. 1322 of 1986 is filed by State of Gujaratand Medical Officer, Referral Hospital, Idar whereas First Appeal No. 1003 of 1987 is filed by Sabarkantha Jilla Panchayat, Himatnagar, challenging the judgment and decree dated 3.5.1986, passed by the learned Civil Judge (SD), Himatnagar in Special Civil Suit No. 52 of 1981, whereby the learned Civil Judge (SD), allowed the suit filed by Respondent Bhanudanji Mehsandanji Gadhvi claiming compensation of Rs. 25,000/- with costs and simple interest(r) 6% per annum from the date of the suit till realisation, to be recovered equally from the appellants of the two appeals.

(2.) RESPONDENT of FA No. 1322 of 1986 - original plaintiff (hereinafter to be referred as 'respondent') was resident of Village Therasana, Taluka Bhiloda, Dist. Sabarkantha and was married with Renuben who was aged about 28 years. Out of that wedlock, three male children were born. Eldest son Bharataged 7 years is suffering from paralysis and the second son Janak is aged 3 years while the third son Narendra who was newly born died in April, 1981 at the age of 6 months. After delivery of third son, respondent and Renuben (since deceased) decided to undergo tubectomy operation on 20.11.1980. Therefore, Renuben wasadmitted in Referral Hospital, Idar and the operation was performed. According to the respondent, before operation, Renuben was hale and hearty, and was keeping good healtii.lt is alleged that after the operation, Renuben complained of severe and unbearable pain and, therefore, the Medical Officer in the Referral Hospital started treatment for pain in the abdominal region, and prescribed medicines, which were purchased by the respondent from medical store at Idar. Inspite of treatment,Renuben did not recover and her health deteriorated, and,therefore, she was referred to Civil Hospital at Himatnagar on 26.11.1980. In the Civil Hospital, Himatnagar also Renuben complained of severe and unbearable pain. Doctors at the Civil Hospital, Himatnagar also prescribed medicines and the respondent purchased the same from medical stores at Himatnagar. As there was no improvement in the condition of Renuben, the doctors in the Civil Hospital, Himamagar ad vised to take her to Civil Hospital at Ahmedabad, and accordingly she was shifted to Civil Hospital, Ahmedabad on 1,12.1980 by means of an ambulance van. In Civil Hospital, Ahmedabad, the doctors diagnosed the disease of Renuben as distension of abdomen and severe jaundice', and prescribed medicines which were purdhased by the respondent from medical stores at Ahmedabad. On 3.12.',1980, Renuben was referred to Nephrologist in the Civil Hospital, who advised dialysis because of some infection to kidney. Inspite of the treatment given to Renuben in the Civil Hospital, Ahmedabad, she did not recover and her condition deteriorated day-by-day, and, therefore, the doctors in the kidney department refused to perform dialysis on her. It is alleged by the respondent that? the doctors attending on Renuben informed the respondent that he may take away his wife wherever he wanted to take her. As the respondent lost all hopes, he took Renuben to his native village by means of an ambulance van on 3.12,1980. At the village also, general condition of Renuben deteriorated day-by-day and, therefore, the respondent went to the Referral Hospital to call doctor. It is alleged that the doctor at the Referral Hospital refused to examine Renuben. Thereafter the respondent tried to call a private doctor, viz. Dr. Shukla. Dr. Shukla examined Renuben and gave his opinion that the tubectomy operation was not performed with sufficient and complete care, and, therefore, other complications had arisen. Ultimately, Renuben died on 7.12.1980. The respondent thereafter made applications to the District Panchayat and to the Health Department of the- Government of Gujarat claiming compensation for the death of his wife Renuben, due to negligence of the doctor while performing tubectomy operation. He also prayed that he may be reimbursed medical charges and other sundry expenses. It is alleged that because of untimely death of his wife, the respondent had suffered mental shock. It is also alleged by the respondent that because his wife Renuben died, his youngest son who was aged about 6 months also expired as there was nobody to look after him. In the suit, it was averred that Renuben was helping the respondent in the agricultural operations as well as cattle breeding and dairy business and because of losing his wife, the respondent suffered economically. In the suit, the respondent claimed compensation and damages of Rs. 30,000/-; and deducting the amount of Rs. 5,000/- which was paid as ex-gratia by the District Panchayat, he claimed a decree for Rs. 25,000/- with costs and interest to be recovered from the defendants in the suit.

(3.) THE learned Civil Judge (SD), Himatnagar framed issues at Ex. 27. Respondent examined himself at Ex. 47 and one Hirabhai Dhulabhai Patel at Ex. 78. On behalf of the defendants Dr. Dahyabhai Shivabhai Patel, who performed tubectomy operation on Renuben at the Referral Hospital, Idar was examined at Ex. 101. Documentary evidence produced by the defendants consisted of original register showing particulars in the event of death after operation (Ex. 34), application dated 20.11.1980 for tubectomy operation (Ex. 35), form of an application for getting assistance under the resolution of Government dated 11.11.1960 of the concerned Department (Ex. 36), letter of the respondent to District Health Officer, Family Planning for recovery of expenses suffered by him on death after operation dated 21,1.1981 (Ex, 37), copy of letter written to defendants by the respondent dated 11.2.1981 (Ex. 38), letter of the defendant written in respect of death of Renuben dated 19.2.1981 (Ex. 39), copy of order of defendant (Ex. 40), notice given by the respondent through advocate dated 22.6.1981 (Ex. 41), case papersdated 20.11.1980 (Ex. 102), medical report and record of medicolegal case (Ex.103), opinion of Hon. Professor of Medicines, Civil Hospital, Ahmedabad regarding death of Renuben dated 18.6.1981 (Ex. 104), original case papers of Renuben dated 20.11.1980 (Ex. 105) and original medical report at Mark 105/2.