(1.) By virtue of this petition, the petitioner is praying for the compensation to the tune of Rs.20,00,000.00 (Rupees Twenty Lacs Only) on account of the death of his daughter, namely, Kavita Sarthi, owing to carelessly and negligently treated by Dr. P.K. Dutta in Urban Primary Health Care Centre, Domanhill, Bartunga, District-Koriya.
(2.) It is pleaded by the petitioner that his daughter after conceiving a baby, was being treated by Dr. P.K. Dutta in Urban Primary Health Care Centre, Domanhill and during the course of her treatment, she was informed that she had conceived twins and the treatment was continued. It is pleaded further that after getting the treatment from the said Centre on 9/9/2017, she returned home, and in the night, she felt pain in her stomach, and therefore, on the next date, i.e. 10/9/2017, she went to the said Centre for consulting Dr. Dutta, but, he was busy in his private clinic at Pondi. Therefore, she went to Chirmiri for getting the Sonography done at a private hospital and after obtaining the Sonography report late at night, she went to said Urban Primary Health Care Centre on 11/9/2017 in the morning but the said Dr. Dutta did not see the said report and, instead diagnosed her for no complications and declared her completely fine, though her stomach's pain persisted. Further contention of the petitioner is that on 11/9/2017 at about 08:30 A.M., owing to stomach pain, she became unconscious and was, therefore, taken to the Urban Primary Health Care Centre, Domanhil, where they reached at 12:00 P.M. and the treatment started, but the Sonography report, as was obtained by her from the private hospital, was not seen and even the oxygen cylinder was not available in the said hospital and, as soon as, the oxygen cylinder was made available, she found dead. It is, therefore, contended by the petitioner that his daughter- Kavita Sarthi has died, because, she did not receive proper care and services in the said Urban Primary Health Care Centre by the State and the said Dr. P.K. Dutta and, owing to the alleged negligent act, his daughter has passed away, and therefore, he has been constrained to file the instant petition for the compensation on account of the death of his daughter.
(3.) In pursuance to the direction issued by this Court on 20/11/2017, an affidavit was submitted by the Principal Secretary, Govt. of Chhattisgarh, Department of Health & Family Welfare and based upon the official records, it was stated that the daughter of the petitioner, namely, Kavita Sarthi was brought into the said Urban Primary Health Care Centre, Domanhill on 11/9/2017 at about 02:00 P.M. and, a "declaration and consent form" was prepared by the staff nurse and the said form would show that she was brought into the hospital in a serious condition. It is contended further that Dr. Dutta had started treatment of the deceased at about 02:00 P.M. and noticed that one of the twins, unviable fetus already came out from her womb. It is contended further, as per USG report which was known to the deceased, that both of her twins were unviable since 10/9/2017 and was, therefore, advised to attend district hospital, but she did not act upon it, and therefore, she was taken to labour room and within half an hour, second fetus was taken out and she lost consciousness, and therefore, all emergency procedures were undertaken, but she died on 11/9/2017 at 03.10 P.M. It is pointed out further that the said incident was immediately reported to the Chief Medical and Health Officer, Baikunthpur, District- Koriya by the In-charge of the said Urban Primary Health Care Centre, Domanhill vide its letter dtd. 11/9/2017 and, that by referring a certificate dtd. 8/12/2017, which was issued by the In-charge of the said Centre that the Suction Machine, Oxygen Cylinder and all other life saving machines are available in the Urban Primary Health Care Centre, Domanhil, Chirmiri, District- Koriya. It is, thus, contended that in the said Urban Primary Health Care Centre, Domanhill, proper health facilities are available and the In-charge of the said Centre, i.e. Dr. P.K.Dutta had taken care of the deceased properly and had provided due medical care to her, but looking to her serious condition, even before she reached to the hospital, she failed to survive and died.