DR. N.FAUZIA Vs. S.BALASUBRAMANIAN

JUDGEMENT

(1.) The first defendant in O.S.No.93 of 2004 on the file of the Principal Sub Court (Fast Track Court), Thanjavur, is the appellant in this second appeal. The said suit was instituted by the respondents 1 to 3 herein claiming compensation to the tune of Rs.2,00,000.00 with interest for the death of Vetriselvi, wife of the first plaintiff and mother of plaintiffs 2 and 3. The plaintiffs alleged that Vetriselvi died on account of negligence on the part of the defendants. Vetriselvi was admitted for delivery on 23/8/2003 in Raja Mirasdar Government Hospital, Thanjavur as in-patient. She developed labour pain in the late evening of 25/8/2003. Since the duty doctor advised performance of caesarean operation, the first plaintiff/husband of Vetriselvi gave his consent both for caesarean operation but also for family planning operation. There is no dispute that during the relevant time Vetriselvi's condition was normal. On 26/8/2003 at about 11.30 a.m. Vetriselvi was operated upon and she delivered a baby at about 1.30 p.m. The specific allegation in the plaint is that Vetriselvi had excessive bleeding. She also had severe pain in the neck and suffered from fits also later. She also was not able to move freely. Therefore, she was shifted to Thanjavur Medical College Hosiptal on 2/9/2003. Vetriselvi passed away on 6/9/2003 at 11.30 P.M. in Thanjavur Medical College Hospital. The first plaintiff would allege that the death was entirely due to the negligence on the part of the doctors and staff at Raja Mirasdar Government Hospital and Thanjavur Medical College Hospital. Even though he demanded that postmortem should be done, the authorities declined to do. Contending that the defendants are bound to compensate the plaintiffs, the suit was instituted. The appellant herein, who was shown as the first defendant, was the doctor who had performed caesarean operation on Vetriselvi. In her written statement, she denied the plaint allegations. Defendants 2 to 5 also filed their written statements controverting the stand of the plaintiffs.

(2.) The first plaintiff examined himself as P.W.1. The sister of Vetriselvi was examined as P.W.2 and Exs.A1 to A13 were marked. The appellant herein examined herself as D.W.1. Two other doctors were examined as D.W.2 and D.W.3 and Exs.B1 to B3 were marked.

(3.) The learned trial Judge after considering the evidence on record concluded that the plaintiffs have established that the defendants were negligent and directed them to pay a sum of Rs.1,70,000.00 with interest at the rate of 6% per annum. Questioning the said judgment and decree dtd. 12/2/2007, the defendants filed A.S.No.29 of 2007 before the Additional District Court (Fast Track Court), Thanjavur. The first appellate court by judgment and decree dtd. 9/8/2010 allowed the appeal as regards the second defendant and dismissed it as regards the remaining defendants. Challenging the same, the first defendant alone had filed this second appeal.