Law:

Section:

Tort------- Damages --- Allegation of death of ailing child in a hospital due to negligence of the medical staff --- Benefit of doubt --- Functionaries of the hospital appeared to have failed to save the life of the ailing child and a strong possibility could not be excluded that the death was due to the gross negligence of the hospital functionaries namely the doctors who purported to have dealt with, the case but on account of certain procedural difficulties faced by the Trial Court in procuring and entertaining the most vital evidence, oral and documentary, it had become possible to give benefit of doubt to the hospital in so far as the conduct of its functionaries was concerned and that was so because relevant vital evidence had not been brought on record --- Had the needful been done in this behalf and said evidence had been admitted there would have been both the possibilities of either confirming the findings against the hospital or to set them aside and the latter could have been an equally strong possibility --- Held, one of the procedural consequences amongst others i.e. extension of benefit of doubt was that neither of the two alternatives would be deemed to have been established and further that either of those conflicting positions could be deemed to have existed --- Hospital thus was given only the benefit of jurisprudential effect of benefit of doubt --- One position going in favour of the child side could also be correct, therefore, while the hospital would succeed on a legal and technical ground of extension of benefit of doubt on merits it remained a partial success and stigma --- Finding of guilty -though was removed from the hospital's own functionaries but at the same time child's side was allowed to retain the amount of damages which had already been paid to him and he had utilised the same --- Even if the amount had not been paid to the child side and there had not been any additional factor of money having been utilized by child side, Court would have still allowed to him the benefit of receiving the amount as the appeal had been allowed only on benefit of doubt --- Supreme Court directed that decretal amount which had already been paid…

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