Medical Officer vs Nitaben Vishnubhai Dudhrejiya
2021 Latest Caselaw 16614 Guj

       C/SA/176/2021                                 ORDER DATED: 22/10/2021



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/SECOND APPEAL NO. 176 of 2021
                                   With
       CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2021
                                    In
                  R/SECOND APPEAL NO. 176 of 2021
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                           MEDICAL OFFICER
                                  Versus
                  NITABEN VISHNUBHAI DUDHREJIYA
==========================================================
Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
 for the Respondent(s) No. 1,2,3,4
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 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 22/10/2021
                               ORAL ORDER

Heard Mr. Rushabh H. Munshaw, learned advocate for Mr. H.S. Munshaw, the learned counsel appearing for the applicant/appellant.

ORDER IN SECOND APPEAL:

The following substantial questions of law arise in this Appeal for consideration of this Court:

"(i) Whether the lower courts were justified in holding that the Civil Suit No. 217/17 was not barred of limitation?

(iii) Whether non-joinder of the Doctor by name who performed the family planning operation of respondent no.1 on 04.01.2000 would vitiate the entire proceedings?

(iv) Whether the respondent no.1 is entitled to a compensation of Rs.1,50,000/- with interest @ 6% per annum though the negligence in performance of operation and medical treatment are not at all dealt with by the

C/SA/176/2021 ORDER DATED: 22/10/2021

lower court and proved beyond doubt?

(vi) Whether the impugned judgments and decrees delivered by the Lower Courts are contrary to the catena of judgments delivered by the Hon'ble Supreme Court of India in the case between Dr. Harish Kumar Khurana v. Joginder Singh & Ors. in Civil Appeal No.7380 of 2009 delivered on 07.09.2021 and the Hon'ble High Court of Gujarat in Bharuch District Panchayat and others v. Kanubhai Raijibhai Patel reported in 1996 (1) GLH 584 on the issue of entitlement of compensation in case of failure of family planning operation?"

The Appeal is admitted.

ORDER IN CIVIL APPLICATION:

Let there be an ad-interim relief in terms of paragraph -3 (b) on condition that the applicant herein deposits the entire amount as determined by the Courts below with the Registry of this Court along with the interest, within a period of six weeks from today. Once the said amount is deposited, the operation, implementation and execution of the judgment and decree dated 25.03.2021 delivered by the 6th Additional District Judge at Bhavnagar in Regular Civil Appeal No. 19 of 2020 as well as judgment and decree dated 30.04.2019 delivered by the Principal Senior Civil Judge, Palitana in Regular Civil Suit No. 217 of 2017 (Old Special Civil Suit No. 80 of 2006), shall remain stayed from its operation.

Issue Notice returnable on 24.12.2021.

(VAIBHAVI D. NANAVATI,J) Pradhyuman