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2018 Supreme(Del) 2583

VALMIKI J.MEHTA
LOK NAYAK HOSPITAL – Appellant
Versus
PREMA – Respondent


Advocate Appeared:
For the Appellant : Mr. Zahid Hanief, Adv. for Mr. Naushad Ahmed Khan, Adv.
For the Respondent:Mr. O.N. Sharma and Ms. Pratima Parihar, Advocates.

JUDGMENT :

VALMIKI J. MEHTA, J.

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit/Lok Nayak Hospital, Govt. of N.C.T. of Delhi, impugning the Judgment of the Trial Court dated 16.8.2005 by which the trial court decreed the suit for recovery of monies filed by the respondent/plaintiff and passed a decree for a sum of Rs. 2,20,000/-. Out of the amount of Rs. 2,20,000/- a sum of Rs. 2,00,000/- has been directed to be put in a fixed deposit in the name of the child Aman and till his attaining age of 18 years, and interest would be withdrawn by the respondent/plaintiff. Suit has been decreed on account of the case of the respondent/plaintiff of medical negligence that the appellant’s/defendant’s Doctor performed a sterilization operation on the respondent/plaintiff but it was not successful and resultantly the respondent/plaintiff conceived again.

2. The facts of the case are that respondent/plaintiff filed the subject suit by pleading that she was operated upon on 15.5.2001 in the appellant’s/defendant’s hospital by the concerned doctor namely Dr. Deepa. Respondent/plaintiff pleaded that she took all post operati
























































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