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february 1996

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.

ACHUTRAO HARIBHAU KHODWA vs STATE OF MAHARASHTRA AND ORS. · Niyam