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2022 Supreme(Mad) 3162

N. ANAND VENKATESH
S. Bhanupriya – Appellant
Versus
State of Tamilnadu, Rep. by the Secretary, Chennai – Respondent


Advocates appeared:
For the Petitioner:Poongkhulali, D. Geetha, Advocates. For the Respondents:R1 & R2, T.K. Saravanan, Government Advocate, R3, N. Damodaran, Advocate.

JUDGMENT

(Prayer: Writ Petition under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st respondent to pay a sum of Rs.10,00,000/- to the petitioner as Compensation and consequentially direct the 2nd respondent to initiate appropriate disciplinary action against the 4th respondent.)

1. The instant Writ Petition has been filed by a mother seeking for compensation from the respondents for the physical pain and mental agony underwent by her for a period of nearly nine months after delivering a child in the 3rd respondent hospital, due to the alleged negligence on the part of the respondents.

2. The case of the petitioner is that she was admitted in the 3rd respondent hospital on 4.11.2005 and she delivered a baby boy on the same day at about 12.30 PM. The 4th respondent doctor performed the delivery and she had to use the forceps, since there was a last minute complication and it required stitches. From 5.11.2005 onwards, puss was oozing from the surgical scars and the petitioner was experiencing difficulty in urinating and defecating. On 9.11.2005, the stitches were undone by the 4th respondent and she redid the stitches on the sa

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