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2023 Supreme(Gau) 949

NELSON SAILO
Zaithankima – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Juliana Lalhmangaihi.
For the Respondent: Linda L. Fambawl.

JUDGMENT :

NELSON SAILO, J.

1. Heard C. Tlanthianghlima, learned counsel for the petitioner and Mrs. Linda L. Fambawl, learned Govt. Advocate for all the respondents.

2. The petitioner has filed the instant Writ Petition praying for the following relief:

    “In the premises it is most humbly prayed that your Lordships may graciously be pleased to admit this petition, call for the records and issue rule calling upon the Respondents to show cause as to why they should not be directed to pay monetary compensation to the Petitioner as they are vicariously liable for the medical negligence act of the attending doctor & staffs of District Hospital Serchhip leading to the death of the Petitioner’s wife and his new born son as can be seen from Magisterial Enquiry Report dt.13/1/2022 and Departmental Enquiry Report dt.24/3/2022 and to pass any other order(s) as your Lordships may deem fit and proper.”

3. Brief facts of the case as projected by the petitioner is that the petitioner and the deceased Smt. Malsawmkimi were married on 31.10.2008 and out of their wedlock, a daughter and a son were bo

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