According to the petition, Manisha Rani was admitted in the maternity home of Dr Pabbi on January 9, 2001, where she gave birth to a boy. Later, the doctor told the petitioner’s husband Ram Naresh that the condition of the baby was serious. She referred the baby to DMCH in Ludhiana for further treatment.

When the baby was admitted in Ludhiana, it was found he had burns on a finger of his right hand and ear lobe. The burns could not be cured by operation/treatment as the same developed gangrene and ultimately three fingers of the baby’s right hand had to be amputated.

In her reply to the allegations against her, Dr Pabbi stated that Manisha was in labour when she was admitted to her maternity clinic for a pre-mature delivery.

However, it was later maintained that Dr Pabbi should not have admitted Manisha as the clinic had no facilities to deliver pre-mature babies. To this Dr Pabbi stated if she had not admitted Manisha, the child would have taken birth in the transit.

The National Insurance Company, another appellant in its reply, admitted that doctors’ indemnity policy had been taken in favour of appellant Dr Sangeeta Pabbi which was valid for the period April 4, 2000 to April 2, 2001.