MOHD ISTIQAR Vs. RAJESH GUPTA

JUDGEMENT

(1.) THIS is a complainant s appeal against order dated 10.10.2003 passed by the District Forum. Haridwar whereby the complaint of the complainant was dismissed.

(2.) THE father of the complainant was ill. He was shown to the opposite party Dr. Rajesh Gupta at his clinic in Jwalapur. He prescribed some medicines. It is said that medicines were prescribed without formal test and these medicines could not cure the victim, rather he became more ill and then he was shown to Dr. K.K. Aggarwal on 14.8.2000. The victim remained in the treatment of the opposite party from 10.8.2000 to 13.8.2000, on 14.8.2000 he was shown to Dr. K.K. Aggarwal. It is said that he was vomiting and has become serious. The victim remained in the treatment of Dr. K.K. Aggarwal and then he was admitted in Jolly Grant Hospital on 16.8.2000, where he died on 12.9.2000.

(3.) IT is said that due to the wrong treatment by the opposite party, the condition of the victim has worsened. The opposite party has denied any such negligence and has definitely alleged that he prescribed treatment on the basis of the illness of the victim. The same illness has been reported by Dr. K.K. Aggarwal also. No allegation has been made against Dr. K.K. Aggarwal that he also made wrong diagnosis. Therefore, the diagnosis of the opposite party, doctor was confirmed by Dr. K.K. Aggarwal as well and he cannot be held to be guilty of wrong diagnosis.