Supreme Court of India · 1996-02-20
ACHUTRAO HARIBHAU KHODWA vs STATE OF MAHARASHTRA AND ORS.
- Citation / case number
- SC 1979/62848
- Court
- Supreme Court of India
- Petitioner
- ACHUTRAO HARIBHAU KHODWA
- Respondent
- STATE OF MAHARASHTRA AND ORS.
- Author
- Kirpal
- Bench
- KIRPAL B.N.
Judgment text excerpt
The Supreme Court upheld the claim for damages under the principles of negligence, emphasizing that the medical professionals failed to exercise due care during the sterilization operation, leading to the death of Chandrikabai. The Court noted that the negligence was evident as a surgical mop was left inside her body, which constituted a breach of duty of care under tort law. The Court reversed the High Court's decision and restored the trial court's decree for Rs.36,000/- in damages, affirming the liability of the medical staff and the government hospital under the law.