STATE OF ANDHRA PRADESH Vs. RANGANNA

JUDGEMENT

(1.) THE 1st defendant in Original Suit No. 38 of 1991, on the file of District Judge at Adilabad (For short, 'the trial Court'), preferred this Appeal against the impugned decree and judgment dated 14.11.1994, wherein the Suit filed for damages of Rs. 1,00,000/ - with interest at the rate of 18% p.a. from the date of suit till the date of realization, was decreed.

(2.) THE appellant herein was the 1st defendant and the respondents 1 to 3 herein were the plaintiffs and 4th respondent herein was 2nd defendant before the trial Court, in O.S. No. 38 of 1991. The appeal against the 4th respondent herein was dismissed for default vide Court order dated 17.12.2007. For the sake of convenience, the parties hereinafter will be referred to as arrayed before the trial Court.

(3.) DECEASED Sharada was aged 19 years by the time of her death, she would have lived for a considerable period and would have served the plaintiffs and on account of her untimely death, the plaintiffs were put to mental agony besides loss of services throughout the life of 1st plaintiff. Hence, claimed damages of Rs. 85,000/ - for loss of domestic services, Rs. 20,000/ - towards loss of consortium and Rs. 45,000/ - towards mental pain and agony, in all Rs. 1,50,000/ -, issued a notice to the defendants on 14.03.1991 demanding payment of Rs. 1,50,000/ - towards damages for the medical negligence of 2nd defendant together with interest at the rate of 18% p.a. After service of notice on both the defendants, they failed to comply the legitimate demand of the plaintiffs. Hence, the suit.