KAMLA Vs. PREM SHANKER

JUDGEMENT

(1.) ALLEGING deficiency in service inasmuch as that wrong treatment and wrong injection was given by the OP -Doctor resulting in death of the husband of the complainant No. 1 and father of remaining complainants, complainants have through this complaint sought compensation of Rs. 19,00,000.

(2.) ALLEGATIONS of the complainants in brief, are that on 30.6.1999 the deceased - Raghubir Singh came to the clinic of the OP in Gali No. 6, Swatantar Nagar and the OP checked him and also gave him an injection and after the injection, the deceased started feeling upset (Ghabrahat) and at this he on the advice of the OP came out of the said clinic into the open air and started proceeding towards the house. One Mr. Karan Singh Ranga informed the OP that Raghubir Singh had collapsed in the Gali. Complainant No. 1 immediately reached to Raghubir Singh her husband and found him dead. Shri Raghubir Singh had died due to the negligence of the OP and due to the giving of the wrong injection to him.

(3.) ON 1.7.1999 the post -mortem was also conducted on the body of Raghubir Singh (husband of the complainant No. 1) which also showed that Shri Raghubir Singh died due to the wrong treatment and wrong injection given by the OP to him. Criminal case was also registered with P.S. Narela vide FIR No. 280/99 under Section 304A, I.P.C. against the OP. The complainants sent a notice dated 6.12.1999 to the OP through Regd. A.D and U.P.C. But the OP neither replied the same nor complied with the terms of the said notice. Damages/compensation to the tune of Rs. 20,00,000 (Rs. Twenty lacs only) have been claimed.