FAIZUDDIN DIED Vs. MURALIDHAR GUPTA

JUDGEMENT

(1.) This LPA is filed aggrieved by the judgment dt.19.4.1993 in CCCA No.59 of 1988.

(2.) The unsuccessful plaintiff is the appellant herein. The appellant filed the suit for recovery of damages in a sum of Rs.1,20,000/- from the respondents- defendants alleging that he was operated upon for peptic ulcer by the first respondent (D-1) in the E.S.I. Hospital at Sanathnagar on 28.11.1980. He was discharged on 27.12.1980 and later on when again he got pain in his stomach, he went to Osmania Hospital where he was operated on 13.3.1983 and a forceps was removed from his abdomen and therefore the appellant alleged that the first respondent-doctor who had performed the operation was negligent in leaving the forceps in his abdomen at the time of the operation on 28.10.1980 and hence the first respondent is liable to pay damages of Rs. 1,20,000/- and the second and third respondents, who are the Director, Insurance Medical Services and the Secretary to Government, Medical and Health Department respectively, are also vicariously liable for the negligence of the first respondent.

(3.) The first respondent denied having performed the operation on the appellant on 28.11.1980 and also the negligence attributed to him.