P JOSEPH VARGHESE Vs. H J CHINOY

JUDGEMENT

(1.) This is a petition by Dr. P. Joseph Varghese and Air India, a Corporation incorporated under the Air Corporation Act, praying that the verdict of the Coroner of Bombay regarding the death of Vasudev Dattatraya Kamat be quashed either wholly or in part.

(2.) Dr. Varghese is a fully qualified medical practitioner in the employment of Air India as the Chief Medical Officer. He has held that post for several years. There are other doctors working under Dr. Varghese. The deceased Vasudev Dattatraya Kamat was employed by Air India as a Ground Engineer. He was treated at the Air India Clinic by Dr. Varghese, as well as by the Deputy Chief Medical Officer Dr. Narulla on several occasions prior to 2nd April 1966, when he, i.e., the said Vasudev Dattatraya Kamat died in unfortunate circumstances which are as follows.

(3.) On 2nd April 1966 the said Kamat approached Dr. Varghese. Mr. Kamat disclosed symptoms of influenza and on clinical examination Dr. Varghese found that he (Kamat) had also developed early signs of bronchopneumonia Dr. Varghese alleges in the petition that Kamat was suffering from sustained high blood-pressure. His blood-pressure was recorded on about six occasions from 9-12-1964 onwards and that he was treated for high blood-pressure by Dr. Narula. The case-history of Kamat further disclosed that in the past he was injected streptopenicillin on six occasions without any complaint of reaction. Dr. Varghese further alleges that after ascertaining from the said Kamat that in the past he did not get reaction die to penicillin and that he was not suffering from any allergy which contra-indicated the use of penicillin, Dr. Varghese injected into him, i.e. Kamat, Dicrysticin (Streptopenicillin) intramuscularly. After giving this injection, the said Kamat was asked to wait at the clinic and also to collect the mixture and the tablets that are prescribed for him. Within fifteen minutes thereafter an attendant rushed to Dr. Varghese and informed him that Kamat's condition was serious. Dr. Varghese rushed to the spot where Kamat was lying and with he assistance of Dr. Narula and Dr. Kurade he gave all possible medical help such as injections of hydrocortisone, coramine antistine Artificial respiration was also given and was continued. According to Dr. Varghese, he did not inject adrenaline in view of the history of sustained high blood-pressure. Finding that Kamat's condition was getting more serious, it was thought desirable to remove him to Nanavati Hospital at Vile-parle in an ambulance. Dr. Kurade and one Hanuman, a dresser of the clinic, accompanied Kamat in the ambulance, while Dr. Varghese followed the ambulance, in his car. On reaching Nanavati Hospital, Dr. Subodh Thakkar an honorary physician, tried to revive Kamat, but those attempts failed and ultimately Kamat was declared to be dead. Police were informed immediately. The dead body of Kamat was sent to the morgue at J.J. Hospital. Subsequently, the Coroner in his discretion decided to hold inquest with the aid of Jurors.