BATTIBAI JHARIA Vs. AJAY BOSE & ORS

JUDGEMENT

(1.) THESE three appeal, Nos. 340/2005 by the complainant, Smt. Battibai Jharia, 1063/2005 by opposite party No. 1, Dr Ajay Bose, and 553/2005 by opposite party No. 2, Dr. R.S. Tiwari, arise from the order dated 17.1.2005, passed by District Consumer Dispute Redressal Forum, Jabalpur, directing Dr. Ajay Bose and Dr. R.S. Tiwari along with the Oriental Insurance Company to pay, Rs. 50,000 as compensation and Rs. 1,000 as cost, to Smt. Battibai Jharia, on the ground of medical negligence allegedly committed by them in the treatment of her son.

(2.) BRIEF facts of the case as portrayed by the complainant. Mrs. Battibai Jahria are that her son Ganesh Jharia (hereinafter referred to as the patient), consulted Dr Ajay Bose for pain in his abdomen. Dr. Bose advised him to get a sonography done, and after seeing the report, he advised an operation. The operation was performed at Vrinda Nursing home, run by Dr. Bose on 1.7.1997. The surgery was done by Dr. Ajay Bose and Dr. R.S. Tiwari. According to the complainant, the patient's condition deteriorated steadily after the operation, and on 8.7.1997 he was advised to be shitted to Jabalpur Medical Collage. The Jabalpur Medical College discharged him on 10.7.1997. Dr. Bose then took him to Royal Nursing Home run by Dr. Meena Jain. She demanded Rs. 15,000 for his treatment but he expressed his inability to pay such an amount. From there, the patient was shifted back to Vrinda Nursing Home on 15.7.1997, where his treatment continued till he died on 22.7.1997. A complaint was lodged with the appropriate authority against Dr. Bose, for wrong treatment by an incompetent and unqualified doctor.

(3.) DR . Ajay Bose, states that he is a qualified homeopath. He denies treating Ganesh Jharia or advising him to get an operation done. He states that Dr. R.S. Tiwari, who is a visiting surgeon, took the decision to operate. After the successful operation, the biopsy report showed that Ganesh Jharia was suffering from tuberculosis. The hospital nurse, Madhu Burman and ward boy Deolal, have given affidavits stating that Dr. Tiwari performed the operation. He further states that the septic peritonitis could have occurred due to air water, open place or treatment in medical college and Royal Hospital. There was no negligence on the part of the doctor or the hospital. The operation notes show that he had perforation in the peritonitis before the operation. The ruptured appendix was legated. The patient had mesenteric lymph nodes which were collected and sent for biopsy. Dr Ajay Bose also states that he also called Dr. Kapil Jain for a second opinion so there was no question of any negligence on his part.