(Uday Umesh Lalit and Indu Malhotra, JJ.)
Maharaja Agrasen Hospital and Others _______________ Appellant(s);
v.
Master Rishabh Sharma and Others ________________ Respondent(s).
Civil Appeal No. 6619/2016, decided on November 6, 2019
With
Diary No. 15393/2019 (XVII-A)
(IA No. 80084/2019 – For Condonation of Delay in Filing; and, IA No. 80086/2019 – For Exemption From Filing C/C of the Impugned Judgment)
The Order of the court was delivered by
Order
1. Heard learned counsel for both sides.
2. The Medical Record pertaining to the patient Master Rishabh has been produced across the bar. The Registry is directed to seal the record and keep it in safe custody.
3. Judgment reserved.
4. The parties are at liberty to file their written submissions within three days from today.
5. The submissions on behalf of Maharaja Agrasen Hospital shall indicate the names and the qualifications of the persons who are in the Managing Committee/Board of the Hospital. It must also be indicated how many Medical Professionals are in the Managing Committee/Board.
6. As per record, 50% of the decretal sum has been deposited by the appellant Maharaja Agrasen Hospital. Pending further consideration, we direct release of Rs. 5 lakhs from and out of the deposited money in favour of Ms. Pooja Sharma, mother of Master Rishabh. Let the money be released within seven days.
7. Since the child has lost vision in respect of both eyes are concerned, the child is required to be admitted in School for Blinds. Though Blind Relief Association, Lodhi Road, New Delhi is not presently before us, we request the School authorities to do the needful and admit the child so that the child starts receiving education without any delay.
8. Ms. Pooja Sharma shall also file an affidavit whether the child was admitted in any school at any point of time and the level of proficiency the child has attained till this date.
9. Compliance report be filed within three weeks from today and the matter shall be listed in Chambers to consider the compliance on 03.12.2019.
10. We request Ms. Pooja Sharma and the child to personally attend the matter in Chambers.
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