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2026 Supreme(Online)(Ker) 13048

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
FATHIMATHU SUHARA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.RAGHUL SUDHEESH, SMT.J.LAKSHMI, SMT.BINI DAS, SMT.ELIZABETH MATHEW, SMT.DHARSANA A.
For the Respondents: SMT.MINI GOPINATH, SRI.MANU GOVIND, DR.ABRAHAM P.MEACHINKARA, SRI.AYESHA MARIA JOHN, SRI.VIVEK MENON, SMT.O.M.SHALINA, SRI.N.B.SUNIL NATH

J U D G M E N T

The petitioners, husband and wife have approached this Court essentially complaining about the negligence from the side of a clinical establishment/hospital run by respondents 2 and 3 herein. The 1st petitioner herein, the wife was pregnant and she was admitted to the 2nd respondent institution in connection with the delivery of the baby. Admittedly, the 1st petitioner delivered a baby on 20.01.2023. There is no dispute about the fact that the delivery was a normal delivery. Therefore, the petitioners state that the mother as well as the child were discharged on 21.01.2023. Unfortunately, on account of certain complications developed while the child was at the residence of the 1st petitioner, the baby was taken to the 5th respondent Government Medical College and Hospital, Kalamassery. It is further not in dispute that the Medical College authorities certified that the baby was "brought dead". A post-mortem was also conducted as evidenced by Ext.P8. Though in the general findings of Ext.P8 post-mortem report dated 23.01.2023, certain observations were made to the yellowish colour of “sclera”, the opinion as to the cause of death was not instantly provided stating th

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