TEJ PAL SINGH SANDHU Vs. GURMIT KAUR

JUDGEMENT

(1.) IT is a sad case where a budding brilliant child has died before blossoming but the question to be determined in this case is if the child has died due to medical negligence on the part of the appellant.

(2.) THIS order will dispose of three appeals, namely, First Appeal No. 1410 of 2005 (Dr. Tej Pal Singh Sandhu v. Gurmit Kaur and Others), First Appeal No. 1438 of 2005 (Gurmit Kaur and Another v. Dr. Tej Pal Singh Sandhu and Others), and First Appeal No. 1473 of 2005 {Dr. Tej Pal Singh Sandhu and Another v. Gurmit Kaur and Another), as all these appeals were directed against the same impugned order dated 11.8.2005 passed by the District Consumer Disputes Redressal Forum, Amritsar (in short "District Forum"). Facts are taken from First Appeal No. 1410 of 2005 and the parties would be referred by their status in this appeal.

(3.) GURMIT Kaur respondent No. 1 and her husband Lakha Singh respondent No. 2 (in short "the respondents") Were the parents of Gurjant Singh (in short "the injured"). On 7.2.2003 at about 2.00 p.m. the respondents and the injured were standing near the road in village Nawan Pind. Some other respectable persons of the village were also present there. In the meantime, one new car mark Ikon without number belonging to Bhagat Ford Company being driven by Avtar Singh reached there and the said car hit the injured who was standing near the brink of the road leading to Mehta Road.