Jacob Mathew vs State Of Punjab & Anr on 5 August, 2005
In
case of medical negligence it is the initial burden of the complainant to prove
the same as per the ruling reported in Jacob
Mathew Vs State of Punjab 2005 SCC (I) and in this case the
complainants except oral pleadings no other acceptable evidence or materials
are available. Since the complainant relied upon only documents Exhibits A4 and
A6 regarding the routine check up prescriptions given by the 1st
opposite party in which the weight of the complainant are noted as follows
:- For the dates 4.2.2001, 14.2.2001 and 6.3.2001, 16.3.2001, and
20.3.2001 and thereby the weight are mentioned as 72 kgs, 73kgs, 73 kgs, 72 kgs and 79 kgs only for the
date 20.3.2001. The weight was mentioned
as 79 kgs which was about 7 kgs more than the weight on 16.3.2001 which is
within 4 days from the last weight taken.