KUNHALAN GURUKKAL Vs. A.M. MUHAMMED

JUDGEMENT

(1.) THE petitioners who are the opposite parties in OP 69/2001 has challenged the maintainability of the OP on various grounds.

(2.) THE OP has been filed by the parents of the deceased Mohammed Anas, 23 years alleging deficiency in service regarding the treatment given to the deceased by the petitioners and consequent death of their son claiming a sum of Rs. 6,00,000 as compensation. It is the case that the petitioner's son was suffering from tumour on his right femur and was being treated at RCC, Thiruvananthapuram. The doctors of RCC advised to have his right leg amputated so that the disease can be contained without spreading to the other limbs. The deceased was the only child of the complainant. While so, they happened to read a news item in Madhyamam daily on 1.5.2000. The news item was styled as an advertisement by the petitioners as expressed in a press conference stating that they can cure any sort of tumour. In their anxiety to save the leg of their son they approached the petitioners who assured him cure. Subsequently under the treatment of the petitioners the illness of their son aggravated and subsequently he died.

(3.) IT is the case of the petitioners that the deceased had filed OP (Indigent) No. 2/2001 in Sub -Court, Tirur claiming damages. The OP was dismissed as during the pendency of OP (Indigent) the petitioner therein died. The matter was posted for impleading the LRs but no steps were taken and the OP (Indigent) happened to be dismissed as abated. According to the petitioners the present proceedings are barred as the OP (Indigent) has abated.