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2011 Supreme(Ori) 231

V.GOPALA GOWDA, B.N.MAHAPATRA
Sri Pratap Kumar Nayak – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:Mrs. Sujata Jena, Mr. G. B. Jena and Miss. S. Mohanty
For Opp.Parties:Government Advocate (For O.P.1)
M/s Manas Mohapatra, L. N. Sahoo, S. K. Routray, S. Mohanty, R. P. Kar and A. N. Ray (For O.P.2)
Mr. D. Sarangi (For O.P.4)

JUDGMENT

B.N. MAHAPATRA, J. — This writ petition has been filed with a prayer to direct opposite party No.1-State of Orissa, represented by the Secretary to Government of Orissa, Department of Health and opposite party No.2-Director of Red Cross Blood Bank, Municipal Hospital, Bhubaneswar to pay a compensation of Rs.20,00,000/- to the petitioner. Further prayer is for a direction to opposite party No.4-Managing Director, Neelachal Hospital Pvt. Ltd., Bhubaneswar to pay all the expenses which were spent by the petitioner for treatment of the petitioner’s son.

2.Petitioner’s case in a nutshell is that his son Adarsh was born on 21.10.2007 in Kalapathara Public Health Centre in the district of Nayagarh by a normal delivery. One day after the delivery, it was found that the baby has no anal canal. For proper treatment, the mother of the baby went to the nearest Public Health Centre where she was advised to move to Khurda Hospital as there was no paediatric specialist in the said P.H.C. In Khurda Hospital being advised by Dr. Jayaram Patra she contacted Dr. Subrat Mohanty, who was a Paediatric Surgery Specialist and as per the advice of Dr. Mohanty, she went to Neelachal Hospital, Bhuban



























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