(1.) THIS is plaintiffs' appeal against the judgment and decree of the learned district Judge, Bilaspur, dismissing the suit of the plaintiffs for compensation. Facts of the case:
(2.) BRIEF facts of the case are that Soma devi, wife of plaintiff No. 1 and mother of plaintiff Nos. 2 to 5, was motivated for a family planning operation by the defendants. The plaintiffs have pleaded that the defendant Nos. 4 and 5 were incharge of the operation/surgery and actual surgery of tubectomy was performed on Soma Devi by defendant No. 4. It has been pleaded that no proper medical care was taken and the plaintiff's wife, who was hale and hearty, died as a result of negligence of defendant No. 4 who performed surgery on her. The plaintiffs have alleged that there were no proper facilities for surgery at civil Dispensary, Kalol and nor any anaesthetist was attending the patients.
(3.) IN reply, the defendants denied any negligence and pleaded that the surgery was performed under local and I. V. anaesthesia. It was submitted that defendant No. 4 was an experienced surgeon who had performed hundreds of surgical procedure and Soma Devi died of anaphylactic shock resulting from the administration of anaesthesia. The defendants pleaded that the best possible medical care had been provided to deceased and that there was no negligence in performing the tubectomy operation or aftercare, emergency medical treatment rendered to the deceased.