PARMOD GROVER Vs. MANVINDER KAUR

JUDGEMENT

(1.) AFTER the remand of the case by the Hon ble National Commission vide order dated 30.10.2006, the parties were afforded opportunities to lead their evidence in support of their respective contentions raised in the complaint as well as in the written statement.

(2.) IT is the case of the complainant No. l that in the year 1994 he was posted as Branch Manager with the National Insurance Company at Hisar. It was on 24.4.1994 he got his wife Smt. Parveen Grover admitted in Gulati Nursing Home, Mandi Dabwali being run by the opposite party Nos. 1 and 2 for delivery of third child. Due to some complications having arisen during the treatment, normal delivery was not possible. Therefore, the doctors resorted to deliver the baby by caesarean section. Since there was no progress of the labour and foetus was coming out indicating foetus distress, the lady doctor advised immediate surgical operation as there was danger in shifting the patient at that time. The husband of the patient was not present there and he arrived at about 6.30 p.m. Prior to it consent approval of Shri Banarsi Lal, brother of Smt. Parveen Grover was obtained for the operation at 11.00 a.m. Shri Banarsi Lal had also donated one unit of blood as he was of the same blood group as that of the patient.

(3.) AT about 11.00 a.m. Dr. Samran Singh Gulati gave spinal anaesthesia and various other injections including blood transfusion dip, etc. Both the doctors also associated with them certain local experts in Surgery and Medicine and with this treatment blood pressure, respiration and pulse rate, etc. got improved. At about 12.30 p.m. it was decided to shift the patient to Bhatinda where facility for operation under general anaesthesia, etc. was available and for this ambulance was arranged at about 3.00 p.m. and when the attendants were in the process of shifting the patient from the room to the ambulance, the patient died. The patient was given resuscitative measures but she could not be revived. Thereafter, the husband of the deceased was informed about the death of his wife by the relatives, who reached at about 6.30 p.m. After a gap of 37 days, F.I.R. No. 152 dated 21.5.1994 was lodged against the doctors in the Police Station Mandi Dabwali for the offences under Sections 304, 316, 384, 465, 468, 120B, I.P.C., out of which Sessions Case No. 127 of 17.11.1995 arose. As per F.I.R. it was demanded by the complainants that a panel of senior medical experts comprising senior Gynaecologist, Anaesthesist and medical specialist be deputed from Medical College, Rohtak for thorough investigations because Dr. Mr. and Mrs. Gulati had since fabricated the record and concealed various facts leading to the death of mother and baby. It was also demanded that the Director, Health Services, Haryana be approached for expert opinion and accordingly a team of specialists consisting of the following doctors was constituted by the Director General, Health Services, Haryana on 11.6.1994: