SALVADOR FRANCIS BORGES Vs. ARUN BHOBE

JUDGEMENT

(1.) THE complainant has filed this complaint alleging negligence on the part of the opposite party resulting in the death of his wife Smt. Brigida Francis Borges.

(2.) IT is the case of the complainant that he is the legally wedded husband of said late Smt. Brigida Borges and that the couple has two children out of the wedlock. The said Smt. Brigida was enjoying sound health and was not suffering from any illness or infirmity right from her childhood.

(3.) THE said Smt. Brigida was expecting a child for the third time, and the complainant and his wife approached the opposite party to seek his expert advice regarding medical termination of pregnancy as they were finding it difficult to manage a large family. The opposite party represented to the complainant that he possessed a high degree of proficiency and knowledge and was highly capable and efficient in his work. The late Smt. Brigida informed the opposite party that she was already in an advance stage of pregnancy and enquired if medical termination of pregnancy would be safe in the facts and circumstances. The positive pregnancy report and ultra sound test report were placed before the opposite party; the ultra sound test report showing that Smt. Brigida had reached an advance stage of 12 weeks of pregnancy. After perusal of the reports the opposite party advised that medical termination of pregnancy could be undertaken without any risk factors and the whole process including hospital stay would not last for more than 12 hours and would cost around Rs. 700/ -. The opposite party repeatedly assured the complainant and his wife that the medical termination of pregnancy would be without any risk and would be completely safe and devoid of any bodily harm or injury and that he had performed many such medical termination of pregnancies in the past.