PHILLIPS INDIA LTD. Vs. KUNJU PUNNU

JUDGEMENT

(1.) THE above first appeals raise an important question of the liability of a medical consultant of a company in tort. They are directed against the judgment and decree passed by the Joint Civil Judge, Senior Division, Poona, on April 30, 1965, ordering Defendant No. 1 Phillips India Ltd., and Defendant No. 2 Dr. Shaikh Suleman, a medical practitioner of Poona, to pay to the Plaintiff -Respondent No. l. Kunju Punnu, the mother of the deceased employee of Defendant No. 1, Rs. 18.000 together with costs of the suit and future interest on that amount at the rate of 6 per cent, per annum till satisfaction.

(2.) THE allegations made in the plaint presented in forma pauperis by Kunju Punnu on July 11, 1962 and registered as Special Civil Suit No. 31 of 1963, can be briefly summarised as under:

(3.) IN view of these contentions, the learned Civil Judge framed fifteen issues, but the important issue to be decided was whether the Plaintiff proved that Defendant No. 2 treated the deceased with gross negligence and carelessness.