IN THE HIGH COURT OF BOMBAY AT GOA CIVIL REVISION APPLICATION NOS. 18 AND 19 OF 2009 CIVIL REVISION APPLICATION NO. 18 OF 2009 Dr. M. N. Pal, Ex Dean Goa Medical College, resident of 11, Gomeco Co-operative Housing Society, Bambolim, Goa 403 202. …... Petitioner V e r s u s

1. Dr. Vijay Ram Talaulicar, aged 66 years, medical practitioner, c/o. Dr. Talaulicar Nursing Home, Santa Cruz, Tiswadi, Goa.

2. Shri Vincy Paes, resident of Villa Jose Maria, near Narvekar Agencies, Amaral Vaddo, Taleigao, Goa. 3. Shri Devesh Shrivastav, c/o. Commissioner of Police New Delhi.

4. Shri P. Krishnamurthy Kripa Narayan Marg, Near Civilian Metro Station, Delhi 54.

5. The Government of Goa, through the Chief Secretary, Secretariat, Porvorim, Goa. ….... Respondents A N D CIVIL REVISION APPLICATION NO. 19 OF 2009 Dr. M. N. Pal, Ex Dean Goa Medical College, resident of 11, Gomeco Co-operative Housing Society, Bambolim, Goa 403 202. …... Petitioner V e r s u s

1. Dr. Mrs. Veena Velingkar, aged 55 years, medical practitioner, c/o. Dr. Talaulicar Nursing Home, Santa Cruz, Tiswadi, Goa.

2. Shri Vincy Paes, resident of Villa Jose Maria, near Narvekar Agencies, Amaral Vaddo, Taleigao, Goa. 3. Shri Devesh Shrivastav, c/o. Commissioner of Police New Delhi.

4. Shri P. Krishnamurthy Kripa Narayan Marg, Near Civilian Metro Station, Delhi 54.

5. The Government of Goa, through the Chief Secretary, Secretariat, Porvorim, Goa. ….... Respondents Mr. M. B. D' Costa, Senior Advocate with Mr. John A. Lobo, Advocate for the Petitioner.

Mr. P. A. Kholkar, Advocate for the Respondent no.1.

Mr. P. Dangui, Addl. Government Advocate for the Respondent nos. 2 to 5.

Coram :- F. M. REIS, J Date : 4 ^th September, 2012.

ORAL JUDGMENT

Heard Shri M. B. D' Costa, learned Senior Counsel appearing for the Petitioner and Shri P. A. Kholkar, learned Counsel appearing for the Respondent no.1.

2. Both the learned Counsel appearing for the respective parties have pointed out that taking note of the fact that the points involved in both the Revisions are common, the above Petitions can be disposed of by a common Judgment.

3. The above Petition challenges an Order passed by the learned Addl. District Judge, North Goa, at Panaji, both dated 03.09.2009, whereby applications filed by the Petitioner in both the above Petition under Order 7 Rule 11 of the Civil Procedure Code, came to be dismissed.

4. Briefly, the facts of the case are that one Minguelina Duarte was admitted in Dr. Talaulikar Nursing Home for Laparoscopy Procedure under general anesthesia on 02.02.2000. The said patient was thereafter shifted to the Goa Medical College, Bambolim, in hypoxia state and after a period of fifty days, the patient was in a vegetative state supported by life surviving supports died on 22.03.2000. A post mortem report was prepared by Dr. Sapeco and Dr. Edmund. In a letter to Sub-Divisional Magistrate dated 03.04.2000, the Petitioner herein, who is the defendant no. 4 in the suit and then Dean of the Goa Medical College at the relevant time was asked to constitute a Medical Board to prepare a medical report and, as such, the Medical Board gave the opinion on 27.04.2004, inter alia, stating that there was medical negligence on the part of the Petitioner. Thereafter, a criminal case no. 42/2001 was filed by the State against both the Respondents no.1 herein for offences punishable under Section 304 -A of the Indian Penal Code. In April, 2001, it appears that the Government directed to withdraw the prosecution.

The learned Judicial Magistrate allowed the withdrawal on 13.10.2001.

5. The Respondent no.1 in both the Petitions, filed suits before the learned Trial Court claiming damages against the said Dr. Sapeco and Dr. Edmund. The Petitioner approached this Court by filing a Criminal Revision Petition no. 11/2003 which was allowed and the learned Magistrate was directed to proceed with the trial of the criminal case. The Respondent no.1 in both the Petitions were acquitted from the charge levelled against them by Judgment d