MANONMANIAMMAL Vs. DURAIKANNU

JUDGEMENT

(1.) THIS revision is directed against the order of the Sub Court, Chidambaram, passed in I. A. No. 129/2003 in O. S. No. 138/1997, dismissing the application filed under section Or. 1 R. 10 (2) CPC, declining to implead the Chief Medical Officer, Villupuram and District Collector, Villupuram as Defendants to the suits. The Plaintiffs are the Revision Petitioners.

(2.) THE deceased 1st Plaintiff - Shanmugam Sundaram was bitten by a stray dog on 30. 1. 1996. From 31. 3. 1996 to 6. 4. 1996, he had taken treatment in Government Hospital Villupuram and he was given seven anti-rabi injections continuously. On 8. 4. 1996, he came to his father-in-law's house at Parangipettai and he developed hiccups and other complications. He was admitted as in-patient in Government Hospital, Parangipettai on 10. 4. 1996. On 10. 4. 1996, the Defendant gave injections near the spinal cord of the back side and hip portion of the 1st Plaintiff. Thereafter, the 1st Plaintiff developed complications and his lower limbs were greatly affected. Since his condition became serious, on 11. 4. 1996 he went into coma stage and he was discharged from the hospital. Father-in-law of the 1st Plaintiff took him to JIPMER Hospital, Pondicherry. The first Plaintiff had taken treatment in JIPMER Hospital in various spells. In JIPMER Hospital, intensive treatment was given to him. Alleging negligence on the part of the 1st Defendant in giving treatment to the 1st Plaintiff when he was admitted as in-patient in Government Hospital, Parangipettai, the Plaintiff has filed the suit, claiming damages of Rs. 6,00,000/ -.

(3.) DURING the pendency of the suit, the first Plaintiff died without recovering from the illness he suffered. His mother, wife, son and daughter are impleaded as Plaintiffs 2 to 5.