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2012 Supreme(Del) 1544

Pratibha Rani
Chander Prakash – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates appeared:
For Petitioner: Mr.A.K.Singla, Sr. Adv. instructed by Mr.Gautam Anand, Adv.
For State: R-1 with ACP Braham Prakash and SI Pramod Kumar, PS Ashok Vihar. Mr.Satender Sharma, Adv. for complainant/R-2.

JUDGMENT

Pratibha Rani, J.

1. On 16.05.2001 there was an accident at T-point, Azad Pur, Delhi between a scooter and dumper bearing registration No.HR-38-C-4283 in which deceased Shamshad was seriously injured. He was rushed to Sunder Lal Jain Hospital at Ashok Vihar and from there, shifted to Sushruta Trauma Centre. On arrival at Sushruta Trauma Centre, Shamshad aged about 30 years, was declared ‘brought dead’. A young life was lost but leaving behind a question as to who was responsible for this untimely death of Shamshad Crl.Rev.P. No.487/2003 i.e. whether he died after suffering fatal injuries in the accident or medical negligence or the inability of the relatives of the deceased to deposit the required amount in the hospital to start the treatment. The deceased has left behind many such questions unanswered.

2. The family was aggrieved that despite being rushed to Sunder Lal Jain Hospital, the precious life of Shamshad could not be saved. Finding himself unable to bear the loss and with a view to bring justice to the departed soul of his brother Shamshad, the complainant Sh. Azad Hussain Malik started a crusade. It has been pointed out during course of hearing by learned counsel


















































































































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