S D KULKARNI Vs. KHANDOBA MAIRAL KODALKAR

JUDGEMENT

(1.) None is present on behalf of the appellants although being aware of today's date of admission hearing of the appeal.

(2.) As stated appellants are not present. Appeal has been filed in the year 2003 and was moved before us for admission hearing on 6th August, 2003 when we proceeded to issue notice before admission to the respondent. The matter appeared on our Board in the caption of admission hearing thereafter on number of days and being aware appellants have chosen not to remain present. We, therefore, proceed to dispose of this appeal at the stage of its admission itself on perusal of the material available before us with the assistance of Mr. J. M. Baphna who appeared as 'amicus Curiae'. (For brevity's sake appellants are hereinafter referred to as 'o. Ps. ' and respondent as 'complainant' ).

(3.) The O. Ps. have filed this appeal challenging order dated 24th September, 2002 passed by District Forum, Sangli holding them being deficient in rendering services to the wife of the complainant in the matter of performance of family planning operation and so holding has made a monetary award in favour of the complainant as and by way of compensation and against the O. Ps. The same award as stated is challenged in this appeal.