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2003 Supreme(Ker) 703

S.SANKARASUBBAN, A.K.BASHEER
Lisie Hospital – Appellant
Versus
T. V. Ajayakumar – Respondent


Judgment :-

Sankarasubban, J.

This appeal is filed against the judgment and decree in O.S.No.81 of 1989 on the file of the Additional Sub Court, Ernakulam. First defendant is the appellant. The suit was filed by the plaintiff first respondent for damages on the death of his mother. The plaint averments are as follows:

2. Deceased V.S. Malathi Vasu is the mother of the plaintiff. She died on the night of 25th September, 1982. According to the plaintiff, Malathi Vasu developed discomfort near the region of her head and hence, she proceeded to the Lisie Hospital along with her husband, who is the third defendant, on 26.7.1982 The Hospital Authorities referred Malathi Vasu to the second defendant, Dr. Saraswathi Thampi, for consultation and examination of her teeth. She was given an out patient attendance Card. The second defendant examined Malathi Vasu in detail and she was told that there was a cyst on the lower part of her gum which needed surgical opening. The second defendant removed the cyst.

3. According to the plaintiff, the deceased Malathi Vasu told the second defendant that she was allergic to penicillin. Acting on this information, the second defendant prescribed Resticlin (50



















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