GURDEV SINGH Vs. AMARJEET KAUR

JUDGEMENT

(1.) -THIS order will dispose of two appeals namely First Appeal No. 1374 of 2002 (Dr. Gurdev Singh and Another v. Jagdeep Singh and Another) and First Appeal No. 1375. of 2002, (Dr. Gurdev Singh and Another v. Amarjeet Kaur ). The questions of law and facts involved in both the appeals are the same, Therefore, both are being disposed of by common order. The facts are taken from First Appeal No. 1375 of 2002. The parties would also be referred to by their status in the present appeal.

(2.) AMARJEET Kaur, respondent was married to Jagdeep Singh (1st respondent in First Appeal No. 1374 of 2002) on 12. 9. 1999. She got pregnant and was expecting the delivery of a child in the month of August, 2000. She went to the house of her parents in Village Gumti Kalan, Tehsil Phul, District Bathinda for delivery purpose as per the custom and usage in their families. On 23. 8. 2000, the respondent felt delivery pains. Her husband, Jagdeep Singh, was informed and the respondent was taken to the hospital of the appellants who was running the hospital in the name and style of Dev Hospital in Village Jalal. Jagdeep Singh, husband of Amarjeet Kaur, respondent and one Madan Lal also reached the said hospital and they found that Amarjeet Kaur, respondent was in the Operation Theatre while Nasib Kaur (mother of Amarjeet Kaur. respondent) was present in the hospital of the appellants. At about 4. 00 p. m. , a full term male child was born to the respondent through minor operation called Episiotomies.

(3.) AT the time of delivery, the appellants had used forceps, scissors and other instruments for delivery of the child. The appellants are not qualified doctors but they were pretending to be qualified. They were not competent to handle the delivery case or the newly born children. The appellants had neither called any Surgeon nor any Anaesthetist to handle delivery nor they used the fully sterilized instruments while conducting delivery case of the respondent.