KALAWATI Vs. STATE

JUDGEMENT

(1.) The prayer in these two petitions, inter alia, is that the respondents be directed to pay adequate compensation/ damages to the petitioner(s) in the respective case for the death of Laiq Ram and Rakesh Kumar, which occurred as a result of nitrous oxide having been administered to the deceased persons instead of oxygen at the time of the performance of the surgical operation upon them on Sept. 15, 1986 and Sept. 17, 1986 respectively, on account of the negligence on the part of the staff of the Indira Gandhi Hospital, Shimla. The petitions were instituted on April 13, 1987 and on April 20, 1987 affidavit(s)-inreply were directed to be filed on or before May 7, 1987. Applications (C.M.P. No. 316 of 1987 and C.M.P. No.317 of 1987 respectively) were moved by and on behalf of the respondents on May 8, 1987 in these cases praying that the time for filing the reply-affidavit be extended by eight weeks. Orders were passed on the said applications on May 26, 1987 in the following terms :

(2.) On June 29, 1987, when the cases reached hearing, the Court made a reference to the orders passed on May 26, 1987 and proceeded to make the following observations :

(3.) It may be mentioned at this stage that the State Government had ordered a magisterial inquiry to be held into the incident(s) giving rise to the present petitions. The inquiry was held by the Additional District Magistrate, Shimla. Orders were passed yesterday on C.M.P. No. 618 of 1987 and C.M.P. No. 619 of 1987 directing the respondents to produce the report of the magisterial inquiry. Copies of the report have accordingly been produced. They are now ordered to be taken on record. The relevant portions thereof have been perused with the assistance of the learned Deputy Advocate General and the learned counsel for the petitioners who was given access to the report earlier under the orders of the Court.