JAGMAL SINGH Vs. ARPANA RESEARCH AND CHARITIES TRUST

JUDGEMENT

(1.) By this common judgment, I am disposing of two second appeals i.e. R. S. A. No. 962 of 2006 and R. S. A. No. 963 of 2006 - both titled Jagmal Singh and Others v. Arpana Research and Charities Trust and Others because both these appeals have arisen out of a single suit. Both these appeals have been preferred by plaintiffs, who were partly successful in the trial court, but have been completely non-suited by the lower appellate court.

(2.) Appellants filed suit against respondents i.e. defendant-respondent no.l Hospital and its three doctors and the Oriental Insurance Co. Ltd., for recovery of Rs. 1,50,000/-as compensation for the death of Vidhya Devi, who was wife of plaintiff-appellant no.l and mother of minor plaintiff-appellants No. 2 to 5 (three sons and a daughter).

(3.) Plaintiffs' case is that after the birth of plaintiff No. 5, tubectomy operation of Vidhya Devi was advised by the defendants. Accordingly, on 29.02.1996, Vidhya Devi underwent tubectomy operation in the hospital of defendant no.l. The operation was performed by defendants No. 2 to 4. However, they were negligent in performing the operation and post operative care. Resultantly, Vidhya Devi died on the operation table itself. She was working as laborer earning Rs. 1200/- per month. Accordingly, plaintiffs claimed compensation of Rs. 1,50,000/- on account of her death.