HARDIP SINGH SANDHU Vs. MOHINDER KAUR

JUDGEMENT

(1.) HARDIP Singh appellant is running a chemist shop under the name and style of Sandhu Medical Stores, village Wadala, Tehsil Batala, District Gurdaspur for the last 4 -5 years. He was also giving medical treatment to the patients. On 28.4.2002 at about 5.30 a.m., Mahinder Kaur respondent went to the shop of the appellant for taking medicines for her husband Jarnail Singh (in short œthe patient ) who was having pain in his stomach. The appellant instead of giving medicine to the respondent advised her to bring the patient to his shop. The respondent went back home and brought her husband to the shop of the appellant for medical treatment as advised by the appellant.

(2.) IT was further pleaded that the appellant administered two injections in the body of the patient. Immediately thereafter, the patient became senseless. The respondent made enquiry from the appellants and she was told that the patient was sleeping and he was feeling well.

(3.) IT was further pleaded that even after the lapse of three hours, the patient did not come to his senses. The respondent, her son Gurmej Singh and one Satnam Singh were present there. They again enquired from the appellant that the patient had not regained consciousness, on which, the appellant hired a Van and suggested to the respondent to take the patient to Batala as he was in serious condition. Before the patient could be shifted in the Van, he died in the clinic/shop of the appellant. When the patient was taken to Civil Hospital, Batala, the doctor declared him dead vide endorsement No.1362 dated 28. 4.2002. Alleging deficiency in service on the part of the appellants, the respondent filed a complaint against him in the learned District Consumer Disputes Redressal Forum, Gurdaspur (in short œthe District Forum ) for compensation to the tune of Rs. 5,00,000.