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1972 Supreme(MP) 127

SHIV DAYAL, J.S.VERMA
Amalgamated Coal Fields Ltd. – Appellant
Versus
Chhotibai – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: C.P. Sen, Adv.
For Respondents/Defendant: J.P. Dwivedi and R.C. Rai, Advs.

JUDGMENT

Shiv Dayal, J.

1. This appeal arises from a judgment and decree of the Additional District Judge, Chhindwara, awarding Rs. 9,000/- as damages to the Plaintiffs. Cross objections have been filed by the Plaintiffs for enhancing the amount of damages.

2. Respondent No. 1, Mrs. Chhotibai, is the widow, and Respondents 2 to 6 are the daughters of deceased Laxmiprasad, who was employed as Line Mazdoor in the Datla West Colliery belonging to the Appellant Company. He was suffering from acute anemia. He was admitted to the Barkuhi hospital which is managed by the Appellant Company. He died on or about June 2, 1962 in suspicious circumstances. The post-mortem examination revealed that he died of poisoning. Dr. Grewal (Respondent No. 7) is the Chief Medical Officer of that hospital.

3. The Plaintiffs' case was that Laxmiprasad died due to utter negligence of the Barkuhi hospital authorities. Garib Khan (P.W. 1) who was an indoor patient in the hospital stated that on the morning of June 2, 1962, Waghmare, an employee of the hospital, administered some medicines to some patients after taking which Laxmiprasad died. He and Premchand felt tingling sensation in hands and feet. Ramtahal also
































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