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M.S.PARIKH, M.K.JOSHI
DAKSHABEN – Appellant
Versus
YOGINIBEN N. PATEL – Respondent


Advocates:
Counsel for the Parties :
For the Complainant :Mr. K.B. Khatwani, Advocate.
For the Opponent :Mr. A.O. Chudgar, Advocate.

ORDER

Mr. Justice M.S. Parikh, President—By way of this complaint, the complainant has prayed for compensation in the sum of Rs. 10,00,000/- and cost of the complaint on following brief allegations of facts.

2. The complainant belonged to Nadiad but was given in marriage to one Mr. Hasmukh Modi of Adipur, Kachchh and she was staying with her husband at Adipur. Her husband has been engaged in the business of running a Government approved fair price shop. At the age of 40 years, she had three daughters —Dipa, Trusha and Mayuri. She once again became pregnant and went to her parental home at Nadiad. She consulted opponent doctor for the purpose of delivery. Ultimately she was admitted to opponent’s hospital on 28.10.1994. The opponent advised for caesarean operation, as, according to her, normal delivery was not possible. She was accordingly operated on 31.10.1994 and she gave birth to a baby girl. She had abdominal pain after delivery. As the pain increased she informed the opponent doctor who diagnosed excess fat resulting into pain in abdomen. She informed the complainant that by passage of time her pain would subside. Ultimately, on 23.12.1994, her husband had taken her to Adipur. H


















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