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SURENDRA KUMAR, LUXMI SINGH, K.D.SHAHI
STATE GOVERNMENT – Appellant
Versus
VIJAY SINGH – Respondent


Advocates:
Counsels for the Parties :
For the Appellant :Mr. Ashok Dimri, Advocate.
For the Respondent:Mr. J.K. Jain, Advocate.

ORDER

Mr. Justice K.D. Shahi, Chairman—This is an appeal by the State Government and others against the order dated 13.11.2002 passed by the learned Forum, Rudraprayag whereby a compensation of Rs. 80,000/- has been awarded to the complainant.

2. The facts of the case are very pathetic. The complainant got his wife Asha Devi operated for tubectomi on 22.12.2000. For this operation she was given an injection in the right hand. It is alleged that this was with negligence without cleaning the hand. It developed into septic and again gangrene and on subsequent production of the victim to the doctors and hospitals, the only way found to keep the victim alive was to amputate her right hand. Subsequently, her right hand have been amputated.

3. In para 8 of the complaint, it is alleged that the hand of the victim has been amputated due to the negligence of the opposite parties i.e., doctors and the Government. In reply to this pleading, it was pleaded in para 8 of the written statement that there is nothing to say. The exact words are :

“Dava prastar numbar 8 ke sambandh mein kuchh nahin kahna.”

She has permanently become disabled due to negligence. The above plea shows that the negligence is







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