MANGAL JANA @ MANGAL CHAND JANA Vs. GOURHARI DAS

JUDGEMENT

(1.) THIS is an Appeal directed against the judgement and order dated 18.4.07 passed by the Purba Medinipur District Consumer Forum in its Consumer Case No. 11/2005 directing the Appellant/OP No. 1 to pay compensation of Rs. 50,000 and Respondent No. 2/OP No. 2 to pay compensation of Rs. 5,000 to the complainant. Complainant was also directed to pay Rs. 1,000 to the OP No. 2(2). Being aggrieved by the said judgment and order the present Appeal has been preferred.

(2.) THE facts of the case briefly are that the wife of the Respondent No. 1/Complainant was admitted to the OP No. 2/Nursing Home for delivery of a baby. She gave birth to a female child and was discharged from the nursing home on 8.11.2004. She was in the nursing home from 7.11.2004 to 8.11.2004. She was subsequently under treatment of the Appellant after being released by the nursing home. On 10.11.2004 the baby became ill and she was treated by the Appellant. Subsequently, as per advice of the Appellant the baby was taken to Dr. S. Samanta, who was a qualified and senior doctor. Dr. Samanta advised for shifting the patient to Tamluk District Hospital. However, she was instead admitted to the Respondent No. 2/Nursing Home on 10.11.2004 and she was discharged by the nursing home on 12.11.2004. In the Discharge Certificate certain medicines and injections were prescribed. It is alleged by Respondent No. 1 that the mother of the baby called on the Appellant Doctor who practised locally. It is further alleged that the Appellant Doctor pushed an injection on the baby as per prescription dated 12.11.2004 of the Nursing Home and two injections on 13.11.2004. However, when the second injection was pushed on the baby at about 3.30 p.m. the patient became seriously ill and spasm started and after some time she collapsed. It has been further alleged that on being questioned by the mother of the baby the Appellant Doctor refused to reply to her and also slapped her. However, on the pressure of the neighbours the Appellant Doctor took the baby to the Respondent No. 2, a local nursing home where she was pronounced dead. The said nursing home did not issue any death certificate. Being aggrieved by the gross negligence on the part of both the Appellants and the Respondent No. 2/nursing home, Respondent No. 1/Complainant filed a complaint before the Forum below praying for refund of the amount of Rs. 9,000 paid to the nursing home towards treatment cost and also compensation of Rs. 1,00,000 by the OPs.

(3.) THE learned Forum below after hearing all the sides and on perusal of the documents filed passed the above judgment.