9.I submit that the further averments in para No.4 that myself as well as the staff nurse did not provide medical help due to callousness is totally baseless and false. As stated above, in fact, we have immediately provided the necessary medical care for the active management of the patient. As such, it is totally unjust and baseless to allege that we have not provided the medical help. The further averments in para No.4 that the petitioner and his relatives tried to shift the patient to the Asaripallam Hospital and we did not allow on the patient that there was not ambulance driver is absolutely false, untenable and contrary to records. In fact, it was the 5 th respondent on my instructions informed the ambulance and only thereafter, the ambulance rushed to the Primary Health Centre, from Kottar, Nagercoil Town. In such circumstances, the above averments including the averments in para Nos.5 & 6 that we did not allow them to transport is totally false. It is submitted that we did not refuse any one to shift the patient to any other hospital. We only contacted 108 ambulance through phone to shift the patient to Kanniyakumari Medical College Hospita, Asaripallam. It is important to state here that, in the last sentence of the 5 th paragraph of the affidavit it has been stated that the deceased was taken to Asaripallam Hospital at 6.30 p.m., which is an error, in fact, the deceased was taken in the ambulance by 5.45 a.m. itself.
