VIJAY R. BHOSALE Vs. RAMCHANDRA VASANT BHOI

JUDGEMENT

(1.) HEARD Mr. V.V. Thorat, Advocate for the appellant.

(2.) COMPLAINANT -respondent No.1s daughter was suffering from swelling in the cheek and, therefore, she was taken to the respondent No. 2s hospital. Respondent No.2 is a Civil Hospital. They found it necessary to have a pathological report of the blood of the daughter of the respondent No. l. Therefore, respondent No.2 referred the patient to appellant who is running a private lab. Further, the sample of the blood was taken. It was tested by the appellant and the appellant declared that the daughter of the Complainant was suffering from HIV infection. Accordingly, report was given. That report was dated 14.6.2007. It appears that since report was positive for HIV test, complainant had taken his daughter to another hospital. Second time it was found that she was not HIV positive. Thirdly, again test was carried out in the hospital of the appellant and it revealed that it was/is a non -reactive. Therefore, it is an admitted position that the patient was not suffering from HIV infection and the report dated 14.6.2007 was an improper report. said report for the first time declared that patient was reactive to HIV test.

(3.) SINCE it was finally diagnosed that Complainants daughter is not suffering from HIV complainant filed the complaint claiming that as a result of the wrong declaration by the appellant in respect of HIV positive, complainant, his family and daughter were under mental stress and whole the family was disturbed.