DR. D.K. PALANISAMY & 2 ORS. RETD. PROFESSO OF ENGLISH, S/O. P. KANDASAMY, KANTHA RANGAM, YCC ROAD, KANNAKURICHI, SALEM Vs. CHAIRMAN, SAKTHI HOSPITAL & RESEARCH CENTRE & 3 ORS. SAKTHI HOSPITAL & RESEARCH CENTRE, 175

JUDGEMENT

(1.) The brief facts relevant to dispose of this appeal are:

(2.) After considering the pleadings and evidence, the State Commission dismissed the complaint. Therefore, aggrieved by said impugned order, the Complainants preferred this appeal.

(3.) We have heard learned counsel for both the parties. Learned counsel for the complainants vehemently argued that the State Commission erroneously dismissed the complaint by simply relying on version of letter sent by the second wife of deceased to the State Commission. It was a forged letter. The OPs 1 to 3 in order to escape from the medical negligence, intentionally took endorsement from the patient's second wife even after H1N1 was diagnosed at 8.20 p.m. The counsel relied upon the judgment of Honourable Supreme Court in V. Kishan Rao Vs. Nikhil Super Specialty Hospital & another (2010) 5 SCC 513 . He submitted that, the principle of Res Ipsa Loquitter is applicable in the instant case. The patient was taken to Government Hospital in serious condition.