SUBHASH M NARGOLKAR Vs. BABYNANDA S KALBHOR

JUDGEMENT

(1.) BEING aggrieved by the judgment and award passed by Addl. District Consumer Forum, Pune in consumer complaint No. 691/1996 decided on 15.8.1998, the opponent has filed this appeal. While allowing the complaint partly, Forum below directed Opponent/doctor to pay compensation of Rs. 2 lakh to the complainant with interest @ 18% p.a. from 8.12.1995 to the date of order within two months. As such org. opponent Dr. Subhash M. Nargolkar has filed this appeal challenging the judgment and. award.

(2.) THE facts to the extent material may be stated as under:

(3.) COMPLAINANT filed consumer complaint against Dr. Subhash M. Nargolkar, resident of 1277, Jangli Maharaj Road, Pune (who runs Indira Maternity Home), alleging deficiency in service and medical negligence on the part of said doctor. According to the complainant, Opponent is running Hospital at the said address for last 20 years and is known 'Obstetrics Gynaecologist'. She had approached said doctor on 8.12.1995 for large posterior cervical fibromyomata. On 9.12.1995 with the help of sonography report, Opponent performed operation on her at his hospital with the help of his wife Dr. (Mrs.) Ranjana Nargolkar and one Dr. Vidya Joshi and Anaesthetist Dr. Vijaya Pathak and removed the cervical fibroid, Uterus and both tubes. Three blood bottles transfusion were given and even after operation, complainant was kept under personal supervision in his hospital during 9.12.1995 to 20.12.1995. Complainant was intermittently given blood transfusion as and when required, but all the while, she was in the hospital taking post -operative treatment and she complained about abdominal pains with fever. Some pathological report, particularly, urine report was called by the doctor. In the urine report, it was found that there was some blood trace and occasional pus cells and on 16.12.1995 second report of urine was called which also revealed of trace of acetone and presence of blood and 4 to 6/hpf Pus Cells in the urine of the complainant. Again on 18.12.1995 urine culture report was procured from the Laboratory. On 19.12.1995 he called Dr. N.S. Ketkar and took his opinion about case of the complainant. Dr. Deshpande brought his mobile sonography instrument and examined the complainant who was then complaining of fever and pain in the abdomen. On examination with full bladder Dr. Deshpande found that vagina was normal. No collection in uterus, kidneys, liver and gall bladder was healthy. No collection in abdominal wound. Thereafter, on 21.12.1995 doctor found that the complainant's condition was showing normalcy and she was fit for discharge. It is the allegation of the complainant that doctor was anxious to discharge her from hospital because he was to be away from hospital from 23.12.1995 to 3.1.1996 since he wanted to attend National Workshop and 38th Congress of the Federation of Ob -gyn. Societies of India. Complainant then insisted that she should be monitored by doctor for one more week since she had still a complaint of abdomen pain and fever.