TOKUGHA YEPTHOMI DR Vs. APOLLO HOSPITAL ENTERPRISES LIMITED

JUDGEMENT

(1.) Infringement of 'Suspended Right to marry' cannot be legally compensated by damages either in Torts or Common Law, is our answer to the problem raised in this appeal which is based on the peculiar facts of its own.

(2.) The appellant after obtaining the Degree of MBBS in 1987 from Jawaharlal Institute of Post Graduate Medical Education and Research, Chandigarh, completed his internship and junior residence at the same college. In June, 1990 he joined the Nagaland State Medical and Health Service as Assistant Surgeon Grade -1. Thereafter, the appellant joined the MD Pharmacology Course though he continued in the Nagaland State Service on the condition that he would resume his duties after completing the MD Course. In September, 1991 the appellant joined the further Course of Diploma in Opthamalogy which he completed in April, 1993. In August, 1993 he resumed his duties in the Nagaland State Health Service as Assistant Surgeon Grade -1.

(3.) One Itokhu Yepthomi who was ailing from a disease which was provisionally diagnosed as Aortic Anuerism was advised to go to the Apollo Hospital at Madras and the appellant was directed by the Government of Nagaland to accompany the said patient to Madras for treatment. For the treatment of the above disease, Itokhu [@page1011] Yepthomi was posted for surgery on May 31, 1995 which, however, was cancelled due to shortage of blood. On June 1, 1995 the appellant and one Yehozhe who was the driver of Itokhu Yepthomi were asked to donate blood for the latter. Their blood samples were taken and the result showed that the appellant's blood group was A(+ve). On the next date, namely, on June 2, 1995, Itokhu Yepthomi was operated for Aortic Anuerism and remained in the Hospital till 10th June, 1995 when he was discharged.