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V.K.JAIN
Union of India – Appellant
Versus
J. P. S. Malhi – Respondent


Counsel for the Parties:
For the Appellants:Mr. A.S. Singh and Mr. Mukand Gupta, Advocates
For the Respondent Nos.1 to 3:Mr. Mukand Gupta, Advocate
For the Respondent Nos.4 and 5:Mr. Vinod Kumar, Advocate for Mr. K. Maruthi Rao, Advocate
For the Respondent Nos.1 to 3:Mr. Vinod Kumar, Advocate for Mr. K. Maruthi Rao, Advocate
For the Respondent No.2:Mr. A.S. Singh, Advocate

ORDER

V.K. Jain, Presiding Member—Late Smt. Rupinder Kaur, wife of complainant No. 1 and mother of complainant No. 2 and 3 was admitted in Military Hospital where she was diagnosed with Appendicular Lump. She was discharged on 04.2.2002 and suggested removal of Appendicitis after some rest and recovery period. She was again admitted in the aforesaid hospital and was operated on 08.4.2002 by Lt. Col. P.K. Malaker, with assistance from Lt. Col. N.S.C. Waghray, an Anaesthesiologist. On 10.4.2002, she complained of severe pain in the right lower part of her abdomen and also had mild fever. In the night, she was shifted to the ICU for intensive care. Since her husband was not satisfied with the answers given by the surgeon to his queries, he met Lt. Col. P.K. Malaker, along with Col. K.K. Tiku on 11.4.2002 when he was informed that the doctor was trying to control the infection, which had spread in the body of his wife. On 11.4.2002, she was examined by Dr. Prapul Reddy of Apollo hospital, who visited the Military hospital for this purpose and was advised immediate surgical removal of the source of the septic. Therefore, she was shifted to Apollo hospital and was operated late in the ni














































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