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1988 Supreme(Ker) 133

BALAKRISHNAN, U.L.BHAT
MADAN GOPAL – Appellant
Versus
DR. RUGMINI – Respondent


Judgment :-

1. The C.M. appellant is the petitioner in an application in the court below under Order XXXIII R.1 of the Code of Civil Procedure for permission to sue as an indigent person. He seeks recovery of Rs. 6 lakhs from the respondents, who are medical practitioners, as damages for the alleged professional negligence and dereliction of duty.

2. The petitioner is the husband of deceased Mala. He married her on 16-4-1982 and since then she had been residing in her husband's family. The petitioner and his wife had a very happy married life. By early 1983, Mala was enceinte and was taken to the first respondent Civil Surgeon for pre-natal treatment. The first respondent examined Mala and assured the petitioner that everything was normal and there would not be any complications. On 19-9-1983, Mala developed labour pain and as directed by the first respondent she was admitted in the Lakshmi Nursing Home run by the 2nd respondent. Both respondents examined Mala and again assured the petitioner that everything was normal and no special treatment or attention was called for. On 20th and 21st, September, 1983 both respondents examined Mala. On 21st, she was removed to the labour room un





















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