K K DHRUV Vs. JYOTI VERMA

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 15.10.199 in Complaint No. 143/96 by District Consumer Disputes Redressal Forum, Bilaspur (hereinafter called the District Forum for short) dismissing the complaint.

(2.) THE complainant averred that his wife was pregnant and when labour pain started, he took her to the nursing home of opposite party/respondent at Korba. She was admitted in the said nursing home on 2.6.1996. The complainant s wife was examined by the respondent, from time -to -time and some medicines and injections were also given to her by the respondent. In the night of 2.6.1996, the complainant s wife suffered unbearable pain, upon which the complainant and others went to the house of the respondent to call her. However, respondent firstly avoided to come. However, later she came to her nursing home and advised for Caesarian operation of the complainant s wife. Thereafter, in the morning of 3.6.1996 when the complainant s wife became unconscious, the respondent referred her to 100 bedded Government Hospital at Korba. However, as no Gynaecologist was available in the said Government Hospital, the complainant s wife was again brought back to the respondent s Nursing Home. However, by that time the complainant s wife had died. The respondent, however, referred the complainant s wife to Dr. Dandekar who did not admit her and sent the patient to NTPC Hospital at Darri. Doctor of the NTPC Hospital declared the complainant s wife as dead. It was averred by the complainant that the death of his wife occurred on account of negligence and misconduct of the respondent.

(3.) THE complaint was resisted by the respondent. It was averred by the respondent that initial examination disclosed the general condition of the patient as fair. Other examinations revealed the state of health as detailed in the written version of the respondent which indicated that caesarian operation did not appear to be necessary and normal delivery appeared to be possible. Some injections, etc. were given to the complainant s wife who has been kept under personal observation by the respondent and necessary medicines were also given to her. However, around 5.30 a.m. in the morning of 3.6.1996 amniotic sac ruptured and complaint of restlessness was made by the patient. After seeing the conditions of the patient and as her condition did not improve and as her conscious level deteriorated suddenly, the respondent referred the patient to 100 bedded Government Hospital, Korba for further treatment. As gynaecologist was not available in the Government Hospital, she was referred back to the nursing home of the respondent. On the request of the complainant, the respondent then referred the complainant s wife Sangeeta to Dr. Dandekar. Dr. Dandekar, however, referred the patient to NTPC Hospital, Darri. It was denied that there was any negligence or misconduct by the respondent.