RAMESHWAR PRASAD TIWARI Vs. NANKIRAM JANGDE

JUDGEMENT

(1.) THIS order will govern disposal of appeal No. 282/06 which has been preferred by OP of complaint case No. 129/04, decided by District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called "District Forum" for short), vide order dated 18.5.2006, as well as the appeal No. 283/06, which has been preferred by the complainant of the aforesaid complaint case. For the purpose of convenience, hereinafter parties will be referred according to their capacity before the District Forum. The District Forum by the impugned order has allowed the complaint of the complainant against the OP and directed the OP to pay Rs. 62,500, to the complainant, on account of deficiency in treatment given to the son of the complainant.

(2.) IT is not in dispute between the parties that the OP Rameshwar Prasad Tiwari is a medical practitioner and used to treat persons, in village Bholapur and is running a clinic there. He has also treated the son of the complainant.

(3.) AS per the case of the complainant, before District Forum, his son Chaitram @ Thanuram, aged 3 years was suffering from fever, cough and cold. He was brought to the OP Rameshwar Prasad Tiwari for treatment. The OP treated him and administered an injection and also some oral medicines. Chaitram was brought back to the house. Then, his condition started becoming deteriorated, he was vomiting and was suffering from loose motion also. When intimation was given to the OP, then he came to the house of the complainant and administered some more medicines, to the child at the house, but there was no improvement in the condition of the child and his condition become worsened and he became unconscious. Then in the state of unconsciousness, he was brought to the Chhuriya Government Hospital, where Doctors declared him dead. Then, the matter was reported to the Police Station, Chhuriya, a crime was registered against the OP and he was charge -sheeted before a Criminal Court. That Criminal Case is pending against him in a Sessions Court. It is alleged that the OP rashly and negligently administered allopathic injection to the child, whereas he was having no authority, knowledge or skill in the field of treatment by allopathic system. On account of his rash and negligent act, son of the complainant, Chaitram died. The complainant has got one more son of 10 years of age, but he is also suffering from kidney problem and, therefore, all hopes of the complainant were from the deceased Chaitram, for his future. He has lost such hopes and also the love and affection towards his son and, therefore, on different heads, Rs. 4,90,000 were demanded by way of compensation from the OP.