V. Kishan Rao vs Nikhil Super Speciality Hospital & Anr on 8 March, 2010
20. To rebut the evidence led by the appellant, respondent
no.1 has tendered the affidavit of Dr. Vikram Tondon Ex.RW-1/1, who
has deposed as per the written version, consent form Ex.R-1 which is
alleged to be signed by the husband of the appellant, but the column of
witness is blank and no one has signed on behalf of respondent no.1.
Ex.R-2 is the cover note vide which respondent no.1 was insured.
Except this, respondent no.1 has not led any evidence. Once the
appellant has brought the evidence against respondent no.1 regarding
the medical negligence, then it was for respondent no.1 as well as Dr.
Vikram Tondon who conducted the operation, to rebut the evidence led
by the appellant. The principle of res-ipsa-loquitur is applicable, as
enunciated by the Hon'ble Supreme Court in case "V. Kishan Rao Vs
Nikhil Super Speciality Hospital & Another", 2010(2) RCR (Civil)-
929(SC), but as stated above, except the affidavit of Dr. Vikram
Tondon, there is no evidence to rebut the evidence led by the appellant,
whereby the appellant has proved the medical negligence on the part of
respondent no.1. Hon'ble Supreme Court in the above mentioned
judgment discussed a large number of authorities and in para nos.47 to
49, observed as under:-