Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on : Apr-03-2009
..... undergoing of physiotherapy. this could be visualized from x-ray. at the request of the complainant he gave a letter to aroyga bhadra as it provides medical expenses. second operation was suggested because reconstruction surgeries are performed in many stages till the satisfactory results are achieved. the appellant performed the first surgery correctly ..... treatment given by a doctor or a surgery has failed, the doctor cannot be held straightaway liable for medical negligence by applying the doctrine of res ipsa loquitur. no sensible professional would intentionally commit an act or omission which would result in harm or injury to the patient since the professional reputation of the professional ..... that appellant had improperly treated him. 15. we refer to the decision of supreme court in martin f. dsouzav. mohd. ishfaq, i (2009) cpj 32 (sc)=ii (2009) slt 20=157 (2009) dlt 391 (sc), after referring to the entire case law on the subject observed: simply because a patient has not favourably ..... and spinal surgeon) dr. a. murali krishna, md., ophthalmologist attended on him. at the time of discharge on 19.3.2004 he was advised: 1. hand elevation 2. physiotherapy 3. tab. crocin 1 tab thrice daily 4. tab. sefdin 300 mg. 1 tab twice daily 5. refresh tears eye drops 4 times daily 6. lacrigel ..... d. appa rao, president: oral: 1. a case of medical negligence. 2. aggrieved by the order of the dist. forum awarding rs. 15,000 towards expenses and rs. 10,000 towards compensation, a surgeon the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-14-2009
Reported in : 2010ACJ38; 2009(3)AWC2151(1)(SC); 2009(57)BLJR2053; 2009CriLJ3012; JT2009(6)SC651; RLW2009(4)SC3448; 2009(7)SCALE407; (2009)6SCC1; 2009(6)LC2996(SC)
..... by the said agencies for determining the issues arising before them, the service rendered by the medical practitioners arc not intended to be included in the expression 'service' as defined in section 2(1)(o) of the act. 31. it has been argued that the present case was one which ought to be relegated ..... apex court held that the parents of the child having hired the services of the hospital, are also the consumers within the meaning of section 2(1)(d)(ii) and that they would also be entitled to award of compensation due to negligence of the ops to the complainant. a similar situation has ..... as for the claim for the complainant's brother and maternal uncle, the same cannot be sustained, as they are not covered by the definition of 'consumer' under the act.we are of the view that the facts and circumstances of the case justify (i) the award to the complainant of an amount of ..... by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. the definition of negligence as given in law of torts, ratanlal & dhirajlal (edited by justice g.p. singh), referred to hereinabove, holds good. negligence becomes ..... life and health and that his father had pleaded with the doctors that the operation be postponed till such time he could complete his engineering degree course. it was further alleged that the doctors had not carried out the required pre-operative tests which were available in nims itself and that .....Tag this Judgment!
Court : Delhi
Decided on : Jan-16-2009
Reported in : 159(2009)DLT158
..... it may be useful at this stage to refer to the definition of ``maintenance'` as given in the hindu adoptions and maintenance act, 1956 (for short 'the act of 1956'). under section 3 of that act, ``maintenance'` includes-(i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment ; (ii) in the case of an unmarried daughter also the reasonable ..... and held that a court is empowered to pass interim and ad-interim orders of maintenance. it was held that the inclusive definition of the `maintenance' under the act would include food, clothing, residence, education, medical attendance and treatment. thus, as found above by the hon ble supreme court in the case of rajesh burmann (supra), that maintenance amounts ..... expenses of and incident to her marriage. i would, therefore, think that when we talk of maintenance and support, the definition of ``maintenance'` as given in the act of 1956 should be adopted. section 18 of the act of 1956 also refers to maintenance ..... or means of living; subsistence, sustenance, maintenance, or living. in a broad sense the term includes all such means of living as would enable one to live in the degree of comfort suitable and becoming to his station of life. it is said to include anything requisite to housing, feeding, clothing, health, proper recreation, vacation, traveling expense, or .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-10-2009
..... view the points taken in the amendment application.17. first, he urged that on the basis of the allegation contained in the charge- sheet it cannot be contended with any degree of conviction that the petitioner had committed misconduct. the petitioner was charged with remaining absent without permission/satisfactory cause. assuming for the sake of argument that the petitioner was absenting ..... without sufficient cause. the petitioner had been suffering for long and on the date he intended to resume duty, he had even submitted medical certificate from his attending physician. he being prevented by sufficient cause from attending duty, the act complained of did not amount to misconduct.18. secondly, by inviting my attention to the enquiry proceedings, he submitted that before the ..... the petitioner being guilty of suppressing material facts was not entitled to any relief from the court of writ.9. the charge-sheet against the petitioner dated 26.1./1.2.1994 was issued by the manager, jhanjra area. it was alleged therein that the petitioner had been absenting continuously from duty since 1.10.1993 and still continuing without permission ..... propose to do that. i have considered the writ petition on its merits. even then, i do not find any justification to exercise writ powers in favour of the petitioner.2. the petitioner was rendered 'land loser' as a consequence of acquisition of land by eastern coalfields limited (hereafter ecl). in pursuance of a scheme introduced by ecl for appointing ' .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-16-2009
..... time of making such statement. the absence of such a certificate from the doctor recording such statement as to the fitness of the patient is definitely a serious infirmity in regard to the dying declaration. in view of such infirmity it is necessary to look for corroboration being the rule of ..... presence the declaration was recorded has not been examined. the autopsy surgeon (p.w. 11) noted the injuries as noted below:1. 1st and 2nd degree burn injuries over the both arms, both the fore-arms with developed appearance of the both hands, face, chest including the both breasts, abdomen, genitals ..... , the hooghly p.s. case no. 281 dated 03.9.1989 was started. after completion of investigation charge sheet was submitted.2. the charges were framed under sections 448 and 302 of the indian penal code to which the accused pleaded not guilty and claimed to be tried. in this case ..... to make statement for which purposes not only the evidence of persons recording dying declaration but also cumulative effect of the other evidence including the medical evidence and the circumstances must be taken into consideration.15. in the instant case it appears that there is no certificate from the doctor ..... . whether it is safe to act upon a dying declaration depends upon not only the testimony of the person recording dying declaration - be it even a magistrate but also all the material available on record and the circumstances including the medical evidence. the evidence and the material available on record must .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Jun-16-2009
..... . the said licence on 6.4.2002 clearly authorizes the driver to drive 'car/jeep/tractor/light motor vehicles.' 22. section 2(21) and section 10 of the act reads as under: (21) 'light motor vehicle' means a transport vehicle or omnibus the gross vehicle weight of either of which ..... been filed by the insurer disputing its liability to pay the awarded amount of compensation. 3. petitioner shri mohar singh filed a petition under section 166 of the act, pleading that on 14.9.2002 at 10.00 p.m. he was travelling in tractor no. hp-49-0213 carrying his house hold ..... obviously cannot do hard work. 15. this court in sheela kaundal (supra) has held that the claimant would be entitled to compensation for expenses on medical treatment which would include the cost of services rendered by the attendants. even gratuitous service rendered by the attendants has to be compensated for the reason ..... so liberal a fashion so as to make it a bounty to the claimant. the court while assessing the compensation should have regard to the degree of deprivation and the loss caused by such deprivation. the compensation or damages assessed for the personal injuries should be substantial damages to compensate the ..... to compensation under the said head for a sum rs. 10,000/-. this would include all expenses incurred towards transportation, attendant charges, special diet and medical treatment. 17. with regard to the monetary loss and income of the estimated future, loss of income, it has come on record that the claimant .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-30-2009
Reported in : AIR2009NOC2988(F.B)(P&H)
..... guru ram das charitable hospital trust, amritsar. and as such, according to the counsel for the petitioners, the definition of the term "sikh" under section 2(9) of the gurdwara act of 1925, would also be binding on the medical college. in other words, the medical college is obliged to admit students under the sikh minority community quota, out of such candidates who favourably answer ..... for the petitioners, that for purposes of admission to the respondent medical college, the management of the respondent medical college could not incorporate any further condition for determining, whether or not the petitioners are sikhs, besides the ingredients contained in the definition of the term "sikh" in section 2(9) of the gurdwara act of 1925. detailed submissions on the instant issue, as have ..... and "patits" are different strains of sikhs. according to the learned counsel for the petitioners, all the aforesaid strains of sikhs, fall within the definition of the term "sikh" under section 2(9) of the gurdwara act of 1925. it is reiterated, that it is not open to the authorities to limit admissions to an educational institution, to one or more categories ..... by ubs publishers' distributors pvt. ltd.). ramesh chander dogra (one of the authors of the book) is a scholar on the subject of sikhism. he received his m.phil degree at the university of london and has written 11 books and 25 articles, particularly in the fields of indology and sikhism etc.. he retired as librarian (south asian studies) at .....Tag this Judgment!
Court : Sri Lanka Supreme Court
Decided on : Sep-11-2009
..... issue arises as to whether the creation of an appeals committee was intra vires, the powers of the 1st respondent as contained in section 15 of the said act. learned presidents counsel contended that the petitioner would be at a severe disadvantage by reason of the inordinate delay in effecting her transfer, ..... respondent is forthwith directed to transfer the 4th respondent to the faculty of medicine of the 2nd respondent university for its m.b.b.s. degree programme for the academic year 2008/2009; and b. the 1st respondent is forthwith directed to transfer the petitioner to the faculty of medicine of ..... established by the universities act no. 16 of 1978 as amended (hereinafter referred to as the said act) and has the power to select students for admission to each higher educational institution in terms of section 15(vii) of the said act. the petitioner gained admission to the mbb.s. degree programme for the ..... higher than that of the petitioner. the court is at a loss to understand the basis on which c. raguraj with a z score of 2.3311 has been assigned to the university of peradeniya by the appeals committee. the court is of the view that the requests made by the ..... degree programme for the same academic year at the faculty of medicine of the 3rd respondent. learned presidents counsel submitted that on 31st july 2009, the date on which the petitioner registered at the 2nd respondent university, she submitted an appeal to the 1st respondent commission seeking a transfer to the medical .....Tag this Judgment!
Court : Orissa
Decided on : Jul-29-2009
Reported in : 2009(II)OLR504
..... caused on different parts of her body, on examination of which by one dr. b.c. das, purportedly a retired professor of s.c.b. medical college and hospital, cuttack, has given some opinion. the allegations appears to be wild and baseless, when seen in the light of the fact that the ..... some anti-social elements and hard-core criminals are entering her house in the dead hours of the night and assaulting her regularly. there is no medical evidence to show any injury caused to her and the treatment if any, which has been given. instead, the complainant appears to have produced some ..... that all the injuries are bruises of different degree of severity and caused by hard blunt weapon of elongated size and the injuries cannot be self-inflicted because of their location and severity.11. on ..... to her in the dead hours of the night and that she was examined by one sri b.c. das, retired professor of s.c.b. medical college and hospital, cuttack, who examined 88 nos. of photograph of injuries on different parts of her body and seeing such photographs the doctor opined ..... , passed in icc no. 671 of 2005, taking cognizance against the petitioners for commission of offences under section 323 read with section 107/108 i.p.c. and section 29 of the police act.2. the factual background of the case is that the husband of the complainant (debakalyan mohanty), who was working as senior mining engineer, .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-06-2009
Reported in : 2009CriLJ1277
..... be a sudden quarrel. he further submitted that, if any offence, is made out, that can, at the most be said to be under section 304 part ii of the indian penal code. he further submitted that even both the dying declarations i.e. po, recorded by balwinder singh, sub inspector, ..... dying declarations, have been subjected to indepth scrutiny, and the same have been found to be reliable. both these dying declarations also find corroboration, through the medical evidence of dr. v.k. munjral, who gave the certificate, that raj bala, was fit and conscious to make statement, dr. ajay kumar, emo ..... gave up, prem chand and phool piari, two prosecution witnesses, as having been won over, by the accused.7. the statement of the accused under section 313 cr. p. c, was recorded. he was put all the incriminating circumstances, appearing against him, in the prosecution evidence. he pleaded false implication. ..... v. sub-divisional officer, guntur : air2008sc19 , in support of his contention, that the dying declarations, being not reliable, the trial court, was wrong, in acting upon the same, to convict the accused and award sentence to him. in raju's case (supra), there were 98% burn injuries, on the body of ..... police station, regarding the admission of raj bala and dr. davinder kumar, medical officer, civil hospital, fazilka, pw4, who conducted the post-mortem examination, on the dead body of the deceased. according to him, there were 1st to second degree burns, present on the body i.e. face, neck, back and .....Tag this Judgment!