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VALSALA SARANGADHARAN, M.V.VISWANATHAN
K. S. Francis – Appellant
Versus
Director, Little Flower Hospital – Respondent


Counsel for the Parties:
For the Appellant:Viju Abraham, Advocate.
For the Respondents:P.K.M. Hassan and others, Advocates.

JUDGMENT

M.V. Viswanathan, Judicial Member—The above appeal is preferred by the complainant in OP No. 823 of 1997 on the file of CDRF, Ernakulam. The complaint in said original petition was filed against the respondents 1 to 5 as opposite parties claiming compensation of Rs. 3,00,000 for the deficiency in service on their part in conducting the surgery on the complainant and also treating the complainant at the Little Flower Hospital, Angamaly (1st opposite party). The 1st opposite party the Director of Little Flower Hospital, Angamaly filed written version denying the alleged medical negligence on the part of the hospital and its doctors. The 1st opposite party further contended that the complaint is bad for non-joinder of necessary parties. The opposite parties 2 to 5 filed a joint written version denying the alleged medical negligence and deficiency in service on their part in conducting the surgery and further treatment for the complainant. The Forum below accepted the case of the opposite parties 1 to 5 and thereby passed impugned order dated 14.12.1998 dismissing the complaint in OP No. 823 of 1997. Hence the present appeal.

2. The facts of the case can be summarized as follows




















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