RAKHI KOTHARI Vs. R SOUNDAAPANDIAN

JUDGEMENT

(1.) IN an accident, which occurred on 14.3.2004, a 30 year old lady, sustained closed fractured both bones right leg mid shaft transverse and undisplaced fracture left public bone. On 14.3.2004, she was admitted in Apollo Hospitals Chennai. On 15.3.2004, I.M. Nailing right tibia was done to fuse the fractured right tibia bone. She was discharged on 20.3.2004. At the time of accident, she was pregnant and the foetus was nine weeks old. As per Ex.P10 -Discharge Summary, the course in the hospital and discussion, with the operation notes, read as hereunder:

(2.) AS per Ex.P11 -Discharge Summary, under endotracheal general anaesthesia and continous cardiac monitoring, the Appellant/Patient put in lithotomy position. Cleaned and draped. Two tablets of Cytotec were kept inside the vegina on 29.3.2012 at 11.00 a.m. The Patient expelled few products in the morning. Again the Appellant/Claimant was admitted 30.3.2004 in the same hospital and that on the same day, a surgery has been performed. Medical termination of pregnancy was completed with suction curettage. Check curettage done and Uterine cavity was empty. Bleeding P/VWNL. She has been advised to review with Dr. Swarnakumari, Consultant Gynaecologist, after one week.

(3.) IN the oral testimony, the Appellant -injured has deposed about the physicial infirmities suffered by her, due to the gravity of the injuries. In her proof Affidavit, she has stated that she was admitted in Apollo Hospitals on 30.3..2004 and on medical advice, abortion was done. She has also stated that earlier, she had spent lot of money for treatment to deliver a second boy and that the same went in vain.