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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Krishnan Ramasamy, J
Elavarasi – Appellant
Versus
Secretary to Government – Respondent
| Table of Content |
|---|
| 1. summary of medical negligence allegations and the institutional enquiry report. (Para 1 , 2 , 3 , 4) |
| 2. determination that disputed tortious claims require civil adjudication rather than writ jurisdiction. (Para 5 , 6 , 7) |
PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance Writ of Mandamus, directing the Respondents to pay compensation for a sum of Rs. 20,00,000/-(Rupees Twenty Lakhs only) for loss of petitioners child on 15.05.2020 due to the negligence of the 3rd respondent.
For Petitioner: Mr.P.Pandiyaraj
For Respondent(s): Mrs.S.Anitha, Special Government Pleader For R1
Mr.M.T.Arunan For R2 & R3
ORDER
This writ petition has been filed seeking to direct the respondents to pay the compensation of Rs. 20,00,000/-(Rupees Twenty Lakhs only) for the loss of petitioner’s child on 15.05.2020, due to the negligence of the 3rd respondent.
2.Learned counsel for the petitioner would submit that the petitioner was admitted in the 2nd respondent Hospital for delivery. Due to the negligence of the respondents 2 and 3, while performing the delivery, the petitioner lost her child. Therefore, the petitioner made a complaint to the 2nd
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