DRAUPADI Vs. PRADEEP MITTAL

JUDGEMENT

(1.) COMPLAINANTS are family members of deceased Mangey Lal who expired on 18.5.1997 due to alleged negligence and deficiency in service on the part of O.P. Nos. 1 and 2 in the treatment of Mangey Lal. The complainants have claimed compensation of Rs. 4,10,000 with 18% interest.

(2.) AT the outset it may be stated that deceased Mangey Lal was known personally to the O.P. No. 1 and other doctors in the O.P. No. 3 hospital. As he owned a Maruti van and often used to help the hospital i.e., O.P. No. 3 in transferring the patients and used to carry oxygen cylinders as and when required in the hospital.

(3.) RELEVANT facts, in brief, are that on 16.5.1997 at about 6 p.m. deceased Mangey Lal fell from a wall of about 25 feet high and sustained grievous injuries all over the body. In order to hush up the matter Mr. Om Prakash Yadav, the employer of Mangey Lal, Mr. Ajay Beri the Principal Employer of Mr. Mangey Lal, constable Ram Kishan of P.S. Punjabi Bagh hatched a conspiracy and thus instead of shifting the injured to some good Government Hospital got Mangey Lal and Nathu Ram admitted in O.P. No. 3 -M/s. Daya Hospital. Deceased Mangey Lal had splenic injury. It is alleged that had O.P. No. 1 and O.P. No. 2 who were treating the deceased during initial examination detected properly the injury, operation could have been conducted at proper time and he could have been saved. The post -mortem report shows that patient died of haemorrhagic shock. There were only some blood clots surrounding the spleen which means that the bleeding was not massive and patient could have been saved if he was given timely blood transfusion and prior to that proper intravenous fluid replacement, if he was operated upon to repair the injury of spleen but as this was not done which indicates that the injury was never detected at all during the stay of patient at any time by the doctors, deceased Mangey Lal died due to negligence, carelessness and incompetency of the O.Ps. on 18.5.1997. Hence this complaint.