JUDGMENT

RANJAN GOGOI, J. –

1. Suit No. 3413 of 1991 filed by one Ashish Kumar Mazumdar (hereinafter referred to as ‘the plaintiff’) was decreed by a learned Single Judge of the High Court of Delhi awarding a sum of Rs. 7 lakhs with interest @ 12% per annum on account of damages for injuries suffered by the plaintiff while undergoing treatment in the Batra Hospital, Delhi. The aforesaid judgment and decree passed on 02.12.2008 was challenged in appeal before the Division Bench of the High Court by the defendant in the suit i.e. the trust managing the hospital (hereinafter referred to as ‘the defendant’). The plaintiff had also filed a separate appeal challenging the quantum of damages awarded and seeking enhancement thereof. The Division Bench of the High Court by a common order dated 23.12.2009 dismissed the appeal filed by the defendant trust and allowed the appeal filed by the plaintiff enhancing the amount of damages awarded from Rs. 7 lakhs to Rs. 11 lakhs alongwith interest @ 12% per annum. Not satisfied, the plaintiff has filed Civil Appeal No.4010 of 2010, whereas aggrieved b