SONIYA BAI RAMSWAROOP MORYA Vs. PRAMOD SHARMA

JUDGEMENT

(1.) This appeal under Section 96 of the CPC has been filed by the plaintiff against the judgment and decree dated 1 st January, 2002 passed by the Court of Additional District Judge, Indore dismissing the Civil Suit No.43 B.99.

(2.) The plaintiff had filed the suit for recovery of a sum of Rs.15,85,000. on account of the death of her son Santosh Kumar Morya due to the alleged negligence on the part of the respondents.

(3.) The case of the appellant(plaintiff) is that her son aged about 24 years, in the year 1993, was complaining about stomach pain, therefore, initially preliminary treatment was given by the respondent no.2 Dr. Kailash Chandra Patel and thereafter he was admitted in the Shraddha hospital. Santosh was operated for appendix by the respondents Dr. Pramod Sharma, Kailash Chandra Patel and Dr. H.K. Gupta, without the consent of the appellant or her husband. The consent was subsequently obtained by force. Santosh was discharged on 23.11.1993 from the hospital but on 24.11.1993 his condition became serious, therefore, he was shown to Dr. Kailash Chandra Patel, who treated him from 24.11.1993 to 26.11.1993. On 26.11.1993 when condition of Santosh deteriorated, the respondent no.2 Dr. Kailash Chandra Patel got him admitted in Charak Hospital, where again the doctors treated him negligently resulting into his death on 27.11.1993. It was alleged that the respondent no.2 Dr. Kailash Chandra Patel was not having MBBS degree yet he had treated Santosh and operated him. It was further alleged that Santosh was suffering from malaria still the operation was performed and that the respondent no.4 Dr. Prashant Mishra prepared the forged blood report on 28.11.1993 to save the other respondents.