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JAMEELA BASHIR, M.Y.KAWOOSA
AFROZA – Appellant
Versus
SALEEMA BANO – Respondent


Advocates:
Counsels for the Parties :
For the Appellant :Mr. Noor-ud-Din Kapara, Advocate.
For the Respondent:Mr. Sami Yaqoob, Advocate.

ORDER

Mr. Justice M.Y. Kawoosa, President—This appeal is directed against the order dated 24.6.2002 passed by the DF by virtue of which complaint of the appellant has been dismissed on the ground that no medical negligence has been proved towards the appellant/complainant.

2. Briefly stated the case of appellant Afroza is that she was having pregnancy so she hired the services of Dr. Saleema on payment of fees. Respondent was negligent in her treatment. She prescribed drugs which raised blood pressure of the appellant and caused death to the inborn baby in mother’s womb. Complainant was admitted in Lall Ded Hospital. Complainant has prayed for compensation for the negligence committed by the appellant. Respondent resisted the complaint on the ground that the complainant was admitted in Lall Ded Hospital under MRD No. 283285 where baby died. There is no negligence on the part of the respondent at all. Even if for the sake of arguments any sort of negligence was there that could have been presumed to have committed in the Hospital where the services are free. DF on the basis of evidence recorded, on the basis of hospital record and the evidence of expert came to the conclusion that the










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