REETA BHARWAL Vs. KRISHAN SINGH

JUDGEMENT

(1.) THESE two appeals are being disposed of by a common judgment, since they arise out of one Civil Suit.

(2.) BOTH the appeals were admitted on the following substantial questions of law:

(3.) THE case of the Plaintiffs is that on 5th February, 1994 at around 9 p.m., Smt. Sunita Devi developed labour pains and gave birth to a child at 10 p.m. No Gynecologist was present and the delivery was got done by the nurses in the absence of the specialist doctors. Plaintiff No. 1, the husband of deceased Sunita Devi apprised the staff present in the hospital, including Defendant No. 3 Dr. (Mrs.) Archana Gupta, about the critical condition of his wife. Defendant No. 3 sent a message to Dr. Reeta Bharwal, but Dr. Reeta Bharwal did not come despite the fact that repeated messages were sent to her and consequently Smt. Sunita Devi died in the morning.