CHANDER MALHOTRA Vs. S AMRIK SINGH

JUDGEMENT

(1.) THIS appeal has been directed by the opposite party No. 1 against order dated 4.6.2002 passed by Consumer Disputes Redressal Forum, Jalandhar (herein after to be referred as District Consumer Forum), vide which complaint of respondent No. 1 (complainant) was accepted and the appellant was found negligent in performing the operation without getting C.T. Scan done and awarded compensation of Rs. 2,50,000 which was to be paid by respondent No. 3 (Oriental Insurance Company).

(2.) BRIEFLY stated the facts are that son of respondent No. 1 Amrik Singh (complainant) was aged about 23 years and was having an ailment of his both ears. In order to get the ailment of his son cured, respondent No. 1 took him to Dr. Chander Malhotra, appellant. He examined him on 25.1.2001 and assured thathe was in a position to cure the ailment. However, appellant as well as Dr. S.D. Goel, Anaesthetist - respondent No. 2 acted in a negligent manner due to which Hardeep Singh expired in the hospital on 26.1.2001 due to cardiac respiratory failure.

(3.) ALLEGING deficiency in service, the complaint was filed and claimed compensation of Rs. 5 lacs for rash and negligent act during medical treatment of Hardeep Singh.