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2004 Supreme(Gau) 526

RANJAN GOGOI, TINLIANTHANG VAIPHEI
State of Tripura – Appellant
Versus
Amrita Bala Sen – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: U.B. Saha and T.D. Majumder, Advs.
For Respondents/Defendant: K.N. Bhattacharjee, A.K. Bhowmik, S. Ghosh, S.R. Dey, S. Roy and S. Talapatra, Advs.

JUDGMENT

Ranjan Gogoi, J.

1. Both the appeals being directed against a common Judgment and order dated 07.12.2000 were heard analogously and are being disposed of by the present order.

2. The facts, in brief, may be noted at the outset.

The two petitioners in the writ proceeding registered as Civil Rule No. 511 of 1996 were admitted in the B.R. Ambedkar Memorial Hospital at Hapania, West Tripura on 17.6.1996. A cataract operation was performed in the left eye of each of the petitioners in the said hospital on 18.6.1996 and they were discharged from the hospital on 21.6.1996. The petitioner No. 1 in the connected writ proceeding, i.e., Civil Rule No. 557 of 1996 was admitted in the hospital on 18.6.1996; his left eye was operated on 19.6.1996 and he was discharged on 21.6.1996. Similarly, the petitioner No. 2 in the said writ proceeding was admitted in the hospital on 11.6.1996; her left eye was operated on 12.6.1996 and she was discharged on 24.6.1996 whereas the third petitioner was admitted in the hospital on 12.6.1996; her left eye was operated on 13.6.1996 and she was discharged from the hospital on 26.6.1996. According to the petitioners in both the writ petitions, their left eyes











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