AMAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS judgment shall dispose of an appeal filed under section 100 of the Civil Procedure Code by the appellants against the judgment and decree of the court of the learned District Judge, shimla, dismissing the appeal filed by the appellants.

(2.) BRIEFLY stated the facts of the case are that the appellants as plaintiffs filed a suit for recovery of Rs. 1,00,000 damages as against the respondents hereinafter referred to as 'the defendants'. The allegations made by the plaintiffs were that their mother Sushila Devi aged about 60 years, fell ill in the early hours of 22. 8. 1981 and she was removed to Snowdon Hospital at 4. 15 a. m. and she was given first aid by the doctor there. However, the allegations were made that E. C. G. could not be done till 3 p. m. and for some period no doctor attended the mother of plaintiffs. E. C. G. was done subsequently and the patient was admitted in the hospital and in the evening their mother complained of chest pain and the emergency doctor contacted the specialist who gave advise to give calmpose injection and thereafter after some time he reached the hospital and examined the patient but the patient ultimately died on the same evening. The suit was filed by the plaintiffs for recovery of the damages on the allegations that the doctor had been negligent in attending their mother who was not seen by the specialist at the earliest, resulting in her death.

(3.) THE allegations were denied by the defendants and the Medical Officers were also made party to the case against whom the allegations of negligence were made. The suit was tried by the learned trial court who came to the conclusion that there was no negligence on the part of the Medical officers and the plaintiffs were not entitled to any damages. Those findings were affirmed in appeal by the learned first appellate court and being aggrieved by the said judgment and decree, the appellants have come up in second appeal.