SAIL ROURKELA STEEL PLANT Vs. TRINATH DAS MOHINI

JUDGEMENT

(1.) MR . Justice R.K. Patra, President -Being aggrieved by the order of the District Forum directing the Managing Director, SAIL, Rourkela Steel Plant, Rourkela and the Director, Medical & Health Services, Ispat General Hospital, (in short IGH) SAIL, Rourkela Steel Plant, Rourkela to pay to the complainant (Trinath Das Mohini) Rs. 3,00,000 as compensation, they have filed C.D. Appeal No. 72 of 1998. The complainant -Trinath Das Mohini has filed C.D. Appeal No. 73 of 1998 contending that the amount of compensation is inadequate. Both the appeals being analogous, they were heard together and are disposed of by this common order.

(2.) THE Steel Authority of India, Rourkela Steel Plant, Rourkela runs the IGH at Rourkela. The complaint was filed alleging that the complainant's son (Manas Ranjan Das Mohini) died due to the medical negligence of the attending doctors of the IGH. His case is that Manas (hereinafter referred to as the 'deceased') suffered from fever with a temperature of 1000 F on 13.9.1995. He was taken to Dr. Bishnu Priya Dei for treatment who prescribed certain medicines and advised for pathological examinations. The blood sample was examined for detection of Malaria Parasite, but report was negative. When his body temperature fluctuated from 1010 F to 1020 F till 16.9.1995, he was again taken to Dr. Bishnu Priya Dei who advised for further pathological test. On 19.9.1995, from the test report, it appeared to be a case of Malaria Parasite (positive). The complainant was advised by one Dr. Ashok Pal to take the deceased to IGH for better check -up. On the same date (19.9.1995), the deceased was admitted in the I.G.H. Rupees 500 was deposited as initial deposit. His blood sample was taken for examination. The treating doctor informed that blood report of the deceased revealed as Malaria Parasite (negative). On 20.9.1995, the complainant visited his son and the doctor after making general check -up informed him that after pathological report, he would be discharged. On the same date at 6.30 p.m. when he visited the I.G.H. he was told that the deceased was shifted to ICU. He could know that one nurse injected a saline and the temperature of the body of the deceased shot -up. The doctor on duty attended him at about 12.00 noon and prescribed injection which was not available in their store. The complainant purchased injection from outside and the doctor injected the deceased with it by removing the saline. After few minutes, the deceased cried with pain and at that time, no doctor was present. At about 2 p.m., the treating doctor reached and rushed to the ICU. When the complainant asked him as to why the deceased was shifted to ICU he was told that because the deceased became seriously ill. On 20.9.1995, he was declared dead. On these main allegations, the complaint was filed. In the written version filed on behalf of the IGH, it was stated that the deceased was suffering from Viral Encephalitis. For such disease, no definite medicine is yet available. The treatment prescribed for it generally symptomatic treatment. However, the deceased was provided with best possible treatment. On 19.9.1995 at about 3.30 p.m., the deceased was admitted in the medical ward with the complaint that since 13.9.1995 he was suffering from fever. He was attended by the physician on duty. For remission of fever, he was given medicine and pathological tests were recommended. Pathological test report did not reveal presence of Malaria Parasite in blood. Injection Cifran 200 mg. Intravenous was administered twice daily considering his suffering might be related to enteric fever. On 20.9.1995 in the afternoon, he developed high temperature with convulsion. He was immediately attended by treating physician. On examination, the condition of the deceased was found critical and, therefore, he was shifted to ICU. The detail diagnosis revealed that the deceased was suffering from Viral Encephalitis. He was given I.V. fluid injection dilantin 100 mg. 8 hourly to control convulsions. Mannitol injection and cifran were administered. All possible efforts were made for necessary treatmet in the ICU. Injection Dopamine 400 mg. in Dextrose was continued with Injection Efcorlin 200 mg. combating hypotension. But the deceased did not respond to the medicine and gradually went to coma. On 21.9.1995, he was monitored by the doctors but no progress was noticed in his health condition. On 22.9.1995 about 8.20 a.m. he died with hyperphxia brain stem injury due to Viral Encephalitis.

(3.) THE District Forum held that there was lapse, negligence in duty and deficiency in service on the part of the opposite parties in not giving treatment to the deceased and, accordingly, awarded compensation of Rs. 3,00,000.