GOWARDHAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 24/04/2000 passed by District Judge, Shajapur in civil suit No. 9-B/2000 whereby the suit filed by the appellants was dismissed, the present appeal has been filed.

(2.) Short facts of the case are that appellants filed a suit for compensation of Rs.75,000/- alleging that Smt. Lilabai was the wife of appellant No. 1 and mother of rest of the appellants. It was alleged that Smt. Lilabai was operated at village-Sundersi on 11/06/1993 in a family planning camp. It was alleged that after the operation there was a huge bleeding, therefore, Smt. Lilabai was referred to District Hopistal, Shajapur, from where she was referred to Indore. It was alleged that when she was in transit Smt. Lilabai died. In the suit, it was alleged that because of negligence on the part of respondent No.4 she passed away for which all the respondents are liable for payment of compensation. In the plaint, it was claimed that a sum of Rs.75,000/- be awarded to the appellants as compensation.

(3.) The suit was contested by respondents alleging that there was no carelessness or negligence on the part of respondent No.4. It was alleged that the death of Smt. Lilabai took place not because of carelessness of any of the respondents, therefore, respondents cannot be held liable for payment of compensation. On the basis of pleadings of the parties, learned Court below framed the issues, recorded the evidence and dismissed the suit against which the present appeal has been filed.