T VANI DEVI Vs. TUGUTLA LAKSHMI NARASAIAH NARASA

JUDGEMENT

(1.) APPELLANTS , the two doctors and the Nursing Home, were the opposite parties before the State Commission.

(2.) THIS appeal arises out of a complaint filed by respondent-complainant alleging medical negligence on the part of the appellants which resulted in the death of his wife. State Commission on a complaint filed by the complainant held the appellants to be guilty of medical negligence and awarded in favour of the complainant Rs. 2.00 lakhs as compensation with interest @ 12% per annum from the date of the complaint till payment. A sum of Rs. 5,000/- was also awarded as costs. Certain direction was also issued for withdrawal of the amount as the deceased had left minor daughter who was born at the time of delivery of the wife of the complainant resulting in her death.

(3.) HER death was attributed to gross negligence on the part of the appellants. A complaint was made by the father of the deceased to the District Collector for necessary action against the negligence on the part of the appellants. It would appear both the appellants 1 and 2 had started Nursing Home but later on joined Government service, yet they continued to work for the Nursing Home and had appointed a doctor in charge of the Nursing Home. So they nevertheless continued to run the Nursing Home. It is stated that the first appellant has since been dismissed from service after enquiry. However, that is of no relevance to us.