VENKATESH IYER Vs. BOMBAY HOSPITAL TRUST

JUDGEMENT

(1.) THE plaintiff, Mr. Venkatesh Iyer has filed his suit against Bombay Hospital Trust through its Medical Director and Superintendent (defendant Nos. 1 and 2) and Dr. Arvind Kulkarni, erstwhile Head of Department of the Radiation Therapy of Bombay Hospital, claiming a sum of Rs. 47,00,000/- as damages for allegedly treating the plaintiff with negligence. The break up of the claim for special and general damages as given in the particulars of the claim at Annexure II to the plaint and in the prayers is as follows : rs. 2 lakhs for medical expenses and Rs. 10 lakhs for future surgery. (These are the claims under the head of Special Damages ). Rs. 15 lakhs for loss of future earnings and Rs. 20 lakhs for loss of amenities, mental and physical shock and torture, totalling to Rs. 47 lakhs. Interest is claimed on this amount at the rate of 18% per annum from the date of filing of the suit till payment or realisation.

(2.) THE case of the plaintiff as revealed from the plaint is as follows : the plaintiff was a healthy person studying in college and also was interested in activities like Karate. He was aspiring to do Hotel Management Course at Bombay.

(3.) IN or about the first week of January 1985, the plaintiff started suffering from fever and complete loss of appetite. There was also growth of a boil near the lower side of his abdomen. The plaintiff was feeling weak. His family doctor Dr. Shah treated him for Malaria but found no improvement. The plaintiff was then hospitalised in Shroff Nursing Home at Borivali where he remained as an indoor patient for a period from 15-1-1985 to 20-1-1985. However, there was no marked improvement. He was then advised to get admitted in a larger hospital for diagnosis and treatment.