The deceased Radha died due to the carelessness and negligence of the doctors of the defendants' hospital in providing proper and adequate treatment to her during her hospitalisation for sterilisation and during post operational period.

JUDGMENT :

Prayer: Second Appeal is filed under Section 100 of CPC, 1908 against the judgment and decree dated 21.04.2007 made in A.S.No.61/2006 on the file of the Principal District Judge of Erode which was reversed by the judgment and decree made in O.S.No.407/1998 dated 08.07.2004 on the file of the Principal Subordinate Judge of Erode.

1. Challenge in this second appeal is made to the judgment and decree dated 21.04.2007 passed in A.S.No.61/2006 on the file of the Principal District Court, Erode, modifying the judgment and decree dated 08.07.2004 passed in O.S.No.407/1998 on the file of the Principal Subordinate Court, Erode.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial court.

3. The defendants in O.S.No.407/1998 are the appellants in the second appeal.

4. Suit for damages / compensation.

5. The case of the plaintiffs, in brief, is that the first plaintiff married one Radha six years back and out of the wedlock, Radha gave birth to one female baby, who is aged 3 years and she is the second plaintiff and thereafter, Radha got conceived again and delivered a male baby on 26.04.1996 and the abovesaid delivery is a normal delivery and therefore, the first plaintiff and his wife decided to go for a family planning and they were advised to go to Thanthai Periyar Government Head quarters Hospital, Erode, for family planning operation by the Primary Health Centre, Modakkurichi and the first plaintiff's wife Radha was admitted at Erode Government Hospital for family planning operation on 28.04.1996 and after medical check up by a team of doctors, the doctors were satisfied that she was in good health and a fit person to have the sterilisation surgery, on 30.04.1996 Radha was taken to operation theatre, where a team of doctors, under the control of the defendants, performed the operation and declared the operation a success. After the operation, Radha was admitted as inpatient in the hospital and given treatment and however, the very next day, Radha experienced high temperature and she was uneasy and despite the same being brought to the notice of the doctors concerned, no immediate attention was paid to the first plaintiff's wife and only the routine check up was given to Radha and thereby her health condition got deteriorated and she experienced untold sufferings and despite the same, the duty doctors paid only casual visits and at last, the first plaintiff's wife Radha died on 05.05.1996 at about 5.20 A.M. and the dead body was handed over to the first plaintiff by the defendants without giving any explanation for her death and no postmortem was done on her body. Being a layman, the first plaintiff received the dead body and cremated her. Thereafter, he had approached the hospital authorities to know the cause of death of his wife, but, there was no proper response. Later on, he was informed that his wife died due to Pyogenic Menirigtise Septicemia and further the first plaintiff believed that his wife had died only due to the carelessness and negligence on the part of the duty doctors during sterilisation operation and post operational period and the male baby delivered by Radha, though was hale and healthy, however, the baby also died after 90 days and even the cause of death of the baby is not known to the first plaintiff. Probably the baby would have died due to the infection from the feeding of the mother. If the duty doctors had treated Radha, particularly, during and after operational period, the life of Radha could have been saved as well as the baby could have also been saved. The first plaintiff's wife Radha was engaged as an agricultural coolie and was maintaining two buffullows and was earning not less than Rs.2000/- per month and out of the said income their daughter was being maintained. Due to the demise of Radha, the plaintiffs have lost her love and affection as well as are suffering immensely on various factors and though the defendants would claim that their doctors a