GIAN CHAND Vs. VINOD KUMAR SHARMA

JUDGEMENT

(1.) THE aforesaid two appeals are being disposed of by one common judgment since both arise out of the same judgment and decree rendered by the learned District judge, Sirmour at Nahan in Civil Suit No. 3-9/1 of 1996 decided on 22-7-1997.

(2.) BRIEFLY stated the facts are that the respondents 1 and 2 in these appeals were plaintiffs before the trial Court. They filed a civil suit for recovery of Rs. 3 lakhs as damages on account of the death of their daughter Neha. It was alleged that the death of neha took place due to the negligence of Dr. Gian Chand, defendant No. 2, appellant in rfa No. 254 of 1997. The case set up was that Kumar Neha was a minor child aged 3 years. On 10th January, 1996 she fell into a bucket of hot water and sustained burn injuries on her abdomen, chest, thighs and back. She was immediately taken to the Primary health Centre, Shillai from where she was shifted to the District Hospital, Nahan on the same day itself. It is not disputed that on 10th January, 1996 Neha was admitted in District Hospital, Nahan.

(3.) ACCORDING to the plaintiff Neha had suffered minor burns and though she was admitted to the surgical ward she was shifted to the children medical ward on the night intervening 10th and 11th January, 1996. The plaintiffs allege that on 11th january, 1996 when defendant No. 2 Dr. Gian Chand who was in-charge of the children medical ward came to the ward he got very angry on seeing Neha in his ward since neha was a surgical case and had been kept in the children medical ward without his permission. The plaintiffs allege that Dr. Gian Chand was adamant that Neha should be shifted out of the children medical ward. Even though plaintiff No. 2 pleaded with him and requested that her daughter be allowed to remain in the ward he did not accept her plea and on 12th January, 1996 he ensured that Neha was shifted to the veranda outside the children medical ward.