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2007 Supreme(Del) 2698

SANJIV KHANNA, MUKUNDAKAM SHARMA
SHANTI MUKAND HOSPITAL – Appellant
Versus
RINCHU – Respondent


Advocates Appeared:
AMAN LEKHI, AVNISH AHLAWAT, C.HARI SHANKAR, C.N.SRI KUMAR, Jaspreet S.Rai, MEENAKSHI LEKHI, RAKESH KUMAR, RITURAJ JAGDISHAN, ROHIT NAGPAL, S.SOUIL


MUKUNDAKAM SHARMA, C. J.

( 1 ) THE issue that arises for consideration in this appeal is whether the appellant Shanti Mukand Hospital could be saddled with a liability of making payment of compensation of an amount of Rs. 5. 5 lacs out of the total 7. 5 lacs awarded to the respondent No. 1 who became a victim of rape and grievous injury thereby loosing one eye while being on private duty attending a patient at the aforesaid hospital.

( 2 ) THE writ petition was filed by the respondent No. 1 herein who is a nurse by profession. She was engaged to render her services to a paralytic patient, namely, Mr. S. K. Kaushik, who was an indoor patient at the appellant Shanti Mukand Hospital. On the night between 6-7 September, 2003, she not only became subjected to sexual assault and violence by a ward boy/ sweeper Bhura engaged by the appellant through a contractor but she also lost her right eye. She filed a writ petition seeking for adequate compensation from the respondent No. 2, Government of NCT of Delhi, respondent No. 3, Guru Teg Bahadur Hospital, which is a hospital run by the respondent No. 2 and also from the appellant Shanti Mukand Hospital, which is a nursing home and being run


























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