K.SAMPATH, GUNASEKARAN
Master Eric Fernando – Appellant
Versus
Suresh Chelliah – Respondent
K. Sampath, President—The prayer in the complaint is for a direction to the 1st opposite party to pay damages to the complainants under the following heads,
(a) Medical and Hospitalisation Expenses Rs. 1,00,000/-
(b) Physical and Mental Handicaps to the 1st complainant Rs. 5,00,000/-
(c) Agony bound to be suffered by the 1st complainant throughout his life
Rs. 10,00,000/-
(d) Agony and mental agony for the 2nd and the 3rd complainants throughout their life as parents of handicapped child Rs. 3,00,000/-
on the following allegations. The 3rd complainant became pregnant in May, 1999 and was under the treatment and pre-natal care of the 2nd opposite party. She was having regular check-ups since July 1999. As per the advice of the 2nd opposite party, the 3rd complainant was admitted by the 2nd complainant in the hospital run by the 2nd opposite party for delivery on 5.2.2000. The 1st complainant was born on 5.2.2000 at 2.25 pm. The 3rd complainant was a known diabetic. The 2nd opposite party therefore anticipated neonatal problems for the 1st complainant, called in the 1st opposite party to advice her during delivery and also referred the 1st complainant to the 1st opposite party
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