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2001 Supreme(Ker) 354

M. K. Gourikutty – Appellant
Versus
M. K. Raghavan, – Respondent


Judgment :-

Sankarasubban.J :

These two appeals are preferred against the judgment and decree in O.S. No : 37 of 1982 on the file of the subordinate Judges Court, Kozhikode. A.S. No : 240 of 1991 is filed by the 6th defendant, while A.S. No : 513 of 1991 is filed by the defendants 1 to 3. The facts relevant for the purpose of the appeal areas follows :

2. The suit was filed for damages. The seventh plaintiff in the suit underwent an operation for tubectomy conducted by the sixth defendant on 11.09.1971 in the Government General Hospital, Calicut. The fifth defendant performed Anesthesia for the said purpose. After the operation, the seventh plaintiff did not regain consciousness even after so many days. The first plaintiff, the husband of the seventh plaintiff was under the hope that his wife would regain consciousness. It is stated that even today she remains unconscious. According to the plaintiffs, it is due to negligence of defendants 5 and 6 that the mishap occurred. At the time of operation, the seventh plaintiff was only 30 years of age. The said operation was on the 3rd day of the 4th delivery of the seventh plaintiff. Even now she is not able to recognise her newborn child.

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