MADAN MOHAN Vs. MD ABDUL KHADIR

JUDGEMENT

(1.) Both the Second Appeals arise out of O.S. No. 15 of 2003 filed by the respondents in the Court of Senior Civil Judge, Adilabad. The suit was filed against the appellants claiming damages of Rs. 5,00,000/-. The trial Court decreed the suit on 31.07.2007 awarding a sum of Rs. 2,00,000/-as compensation. The appellants filed A.S. No. 38 of 2007 in the Court of I Additional District Judge, Adilabad, against the decree. The respondents, on the other hand, filed A.S. No. 40 of 2007, not satisfied with the amount awarded by the trial Court. Through common judgment dated 23.12.2008, the lower Appellate Court dismissed A.S. No. 38 of 2007 and allowed A.S. No. 240 of 2007, enhancing the compensation to Rs. 4,80,000/-. Hence, these two second appeals. The suit was filed with the following pleadings:

(2.) Mohsina Sultana was the wife of the 1st respondent and mother of respondents 2 to 7. The appellants are Medical Practitioners, who established a Hospital, by name 'Ramakrishna Maternity and General Nursing Home', at Adilabad. On 26.04.2022, the 1st respondent took his wife to Ramakrishna Hospital, complaining that she was suffering from indigestion and was feeling vomiting sensation. The 2nd appellant is said to have examined her and prescribed tests, sonography was conducted and the same revealed that Mohsina was a pregnant of 10 weeks. Other parameters were found to be normal. It is stated that an advise to the effect that it is not in the interests of the patient to continue pregnancy and that tubectomy must be performed after terminating the pregnancy, was tendered and the 1st respondent conveyed his acceptance for the said course of action.

(3.) On 27.04.2002, operation was conducted and the patient was shifted to the ward at 11.30. However, one hour thereafter, the patient complained of chest pain. The respondents stated that proper care was not taken and when the situation was deteriorating, the appellants asked the 1st respondent to shift the patient to Hyderabad or Nagpur and left with no alternative, he shifted the patient to nearby Government Hospital at 5.30 p.m., since he did not have any necessary means at that time, and one hour thereafter, she expired. Post-mortem was conducted and it revealed that the patient died of heart attack. Opinion from the Osmania Medical College was also said to have been obtained, and that the expert's opinion revealed that there was no negligence on the part of the Doctors but the cause of death could be the side effects of the drug administered for anesthesia. With these and other allegations, the respondents claimed a sum of Rs. 5,00,000/-, as compensation.