Law:

Section:

(a) Tort------- Negligence by professionals---Damages---Recovery of---In case of such negligence generally Courts are very slow in attributing negligence to professionals like doctors and surgeons in performance of their regular duties---General presumption is attracted that the professionals have performed their duties to the best of their abilities and with due care and caution---Where it is established through cogent evidence that a doctor or a surgeon failed to take necessary precaution, due care and attention or acted carelessly and negligently, then action in tort is maintainable. (b) Maxim--- ----"Res ipsa loqitur"---Applicability---Towel wag left inside the abdomen of the plaintiff by surgeon and the same was recovered/removed by another surgeon who appeared in the witness-box and testified such facts, such is a circumstance which speaks for itself and the doctrine of res ipsa loqitur (facts speak for themselves) is attracted. (c) Civil Procedure Code (V of 1908)--- ----O. VIII, Rr. 1 &. 5---Written statement---Plea raised by defendant---Proof---Such plea not supported by any evidence ---Effect--­Defendant despite opportunity failed to appear or adduce any evidence in support of plea raised in written statement---Effect---Defence plea based on factual aspect, howsoever, plausible was of no significance and value, without supportive and corroborative, evidence---Plea raised by the defendant was not proved in circumstances. (d) Tort--- ---- Vicarious liability (as under law of tort)---Defined---Vicarious liability under tort means financial liability a person is made to suffer or bear for the actionable wrong or conduct of another based on nature of either fiduciary or contractual relationship between the two. (e) Tort--- ---- Tortfeasor---Doctrine of' vicarious liability ---Applicability--­Wrongdoer cannot seek refuge behind the doctrine of vicarious liability-­-Victim or those affected by the injury, only can claim compensation from the principal, master or insurance company as the case may be, who by virtue of such relationship with wrongdoer, may be considered joint tortfeasor---Liability of wrongdoer is co-extensive with that of his principal,…

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