Research › Search › Judgment

Madras High Court · body

2012 DIGILAW 1545 (MAD)

M. Mani v. Secretary, Medical and Family Welfare Department

2012-03-28

R.SUDHAKAR

body2012
Judgment :- 1. Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents to award the compensation of Rs.5 Lakhs to the petitioner and his 4 year old child to repair the damage caused by the fourth respondent by her Medical Negligence which led to the death of the petitioner's wife in the Karur Government Head Quarter's Hospital, Karur. 2. The Writ Petition has been filed for grant of compensation to the petitioner and his 4 year old child on account of alleged Medical Negligence on the part of the fourth respondent one Kousalya, a Civil Assistant Surgeon, Karur Government Head Quarter's Hospital, Karur, Karur District stating that she was responsible for the death of the petitioner's wife. A detailed affidavit has been filed alleging that the fourth respondent doctor was negligent and was responsible for the death of the petitioner's wife. 3. The fourth respondent entered appearance through counsel Mr.D.Nellaiappan. However, none appears on behalf of the fourth respondent today. 4. A detailed counter-affidavit has been filed by the fourth respondent denying and refuting the allegation made in the affidavit. The allegation made in the writ petition has been stoutly denied by the fourth respondent. 5. In such view of the matter, this court is not inclined to go into the factual disputes of the case as it requires adjudication of the rival claims on merits. On the other hand, the petitioner is entitled to move the appropriate consumer forum or any other forum as may be advised for seeking appropriate relief in accordance with law. The period during which the writ petition was pending has to be eschewed for the purpose of limitation. 6. This Writ Petition is disposed of as above. No costs.