Document Fragment View

Matching Fragments

Both the sides have relied upon various judgements.
In a case reported as AIR 2005 SC 3180 titled as Jacob Mathew V. State of Punjab and another the Hon'ble Supreme Court was examining the question of criminal negligence of a doctor and his culpability. While defining the expression "negligence", following three constituents of negligence have been laid down:-
" 11. (1) A legal duty to exercise due care on the part of the party complained of towards the party complaining the former's conduct within the scope of the duty; (2) breach of the said duty; and (3) consequential damage."