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2015 Supreme(Bom) 2341

A.S.OKA, K.R.SHRIRAM
Umakant Kisan Mane – Appellant
Versus
Dean, Rajawadi Municipal Hospital – Respondent


Advocates:
Advocate Appeared:
Mr. Mihir Desai, Senior Advocate a/w. Mr. Sarnath Sariputta Pramod for the petitioner.
Mr. Ram Apte, Senior Advocate a/w. Mrs. Geeta Jogalekar for the respondents-BMC.

JUDGEMENT :

K.R. SHRIRAM, J.

1 By this petition, the petitioner is attributing direct negligence on the part of the respondents regarding the performance of respondents' duties, which, according to the petitioner was the proximate cause for losing the fingers of his right hand.

The petitioner, therefore, is praying for (a) direction to the respondents to take action against the employees, agents and doctors responsible for the condition of the petitioner, (b) direction to the respondents to provide to the petitioner employment and (c) direction to the respondents to pay to the petitioner a sum of Rs.10 lakhs as compensation.

2 The facts in brief are as under :-

On 1st October, 2002 around 0.55 A.M., pursuant to an attack of convulsion, the petitioner, who at the time the petition was filed was about 21/22 years of age, was admitted in Medical Unit-III of Rajawadi Hospital under Dr. S.R. Oraskar, Senior Honorary Physician. The respondent no.2, i.e., Bombay Municipal Corporation, has established and runs that hospital. Respondent no.1 is the Dean of that hospital.

Immediately on admission of the petitioner, an intravenous line was started on his right hand peripheral vein and included inje





























































































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