STATE OF M.P Vs. MUKESH

JUDGEMENT

(1.) This First Appeal under Sec. 96 of CPC has been filed against the Judgment and Decree dtd. 17/4/1999 passed by 1st Additional District Judge, Waraseoni, Distt. Balaghat in C.S .No. 5B of 1999.

(2.) The facts necessary for disposal of present appeal in short are that the plaintiffs/respondents filed a suit for damages to the tune of Rs.50,000.00 on account of death of their 1 1/2 year old son due to drowning in a soakpit constructed in the premises of Government Hospital, Waraseoni. It is the case of the plaintiffs that the plaintiff no.1 is working on the post of Gatekeeper whereas the plaintiff no. 2 is a Bidi Labour. The plaintiff no.1 was medically sick, therefore, he went to Distt. Hospital, Waraseoni, along with plaintiff no.2 and his 1 1/2 years old son. The plaintiff no.1 was admitted in the hospital. The son of the plaintiffs went missing and ultimately his dead body was found in the soakpit which was filled with water and was open without any protection. The soakpit was constructed in the hospital premises sometimes in the year 1988 by the PWD for stopping the leakage of water from Water overhead tank. Accordingly, the suit was filed for damages to the tune of Rs.50,000.00.

(3.) The defendants no. 2 and 3 i.e., Chief Medical Officer, and Incharge Doctor of Distt. Hospital Waraseoni filed their written statement and denied the plaint averments. In additional pleadings, it was pleaded that whenever the patients are admitted in the hospital, then they and their attendants are always advised not to bring small kids in the hospital. It was denied for want of knowledge as to whether the plaintiff no.1 had come to hospital on 27/7/1988 for his treatment or not. No one in the hospital had seen the child in alive condition. The factum of death due to drowning in soakpit was denied. However, it was admitted that a soakpit was constructed by the PWD and it was also admitted that due to heavy rains the soakpit had collapsed. It was further pleaded that it was the duty of the plaintiffs to look after their child.