DR. MUKUNDAKAM SHARMA, CJ

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 through a licen

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