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RAJYALAKSHMI RAO, A.A.HALBE, G.R.BEDGE
FAKRUDDIN ABBAS BHARMAL – Appellant
Versus
B. DASGUPTA – Respondent


Advocates:
Counsel for the Parties :
For the Complainant :Mr. Tikekar, Advocate.
For the Opposite Party Nos. 1 & 2 :Mr. Sarvashri Mokashi & Mr. Medhekar, Advocate.
For the Opposite Party No. 3 :Mr. R.B. Chavan, Advocate.

ORDER

Mr. Justice A.A. Halbe, President—This complaint is filed by the son Fakruddin Abbas Bharmal on behalf of his father Abbasbhai Yusufalli aged about 50 years for award of compensation of Rs. 5,16,601/- against the opposite party No. 1-Dr. Dasgupta, opposite party No. 2-Medical Officer of Mumbadevi Hospital, Mumbai and opposite party No. 3-D.S. Kothari Hospital, Mumbai, in respect of negligence committed by the opposite parties in the operation and treatment for HERNIA, which took place on 1.2.1994. Abbasbhai, however, died on 3.3.1994 in his last lap of J.J. Hospital. He was admitted in the J.J. Hospital only a day before hisdeath. The complainant has contended that the Mumbadevi Hospital on 31.1.1994 admitted the patient for Hernia operation and the operation was performed on 1.2.1994 by opposite party No. 1-Dr. Dasgupta. However, the patient started bleeding through the anus and as there was no Intensive Care Unit in the said hospital, he was transferred to opposite party No. 3-D. S. Kothari Hospital on 4.2.1994. He was treated at Kothari Hospital by Dr. H.M. Shah. The complainant has contended that although the operation went of uneventful and although such an operation did






















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