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2005 Supreme(Raj) 2457

SHIV KUMAR SHARMA
Sobhag Mal Jain – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
S.R. Surana, for Petitioner Sumit Bishnoi, for Bharat Vyas, Addl. Advocate General for State Rajasthan Ravi Kiran Mathur, for Respondents No. 4

Honble SHARMA, J.–The question for consideration in the instant writ petition relates to the quantum of compensation to be paid to the husband of the deceased housewife, whose death is attributed to medical negligence.

(2). Contextual fact depict that the petitioner got his pregnant wife Kanno @ Kanta Devi admitted in the Govt. Hospital Sawai Madhopur who gave birth to twins but excessive bleeding after delivery could not be controlled on account of negligence of the doctors and she died. The Director Medical and Health Services Govt. of Rajasthan, Jaipur directed the Deputy Director Medical and Health Services Jaipur to conduct inquiry in the matter. The Deputy Director after recording the statement of doctors, nurses and the other staff deputed in the Hospital opined in the report that the wife of the petitioner died on account of negligence of Dr. P.C. Jain and Dr. Pushpa Gupta, who after repeated requests did not attend the patient. The operative part of the report reads as under:-

Jherh dkUrk ds ifr }kjk Mk- ih- lh- tSu dks ckj ckj vkxzg djus ds ipkr~ ij fd ,d ckj mudh iRuh dks ns[k fy;k tkosaA Mk- ih-lh- tSu }kjk rqjUr dk;Zokgh fd;k tkuk izrhr ugha gksrk gSA tkap esa ;g Hkh ik;
































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