KAMLESH KUMAR GUPTA Vs. GYAN CHAND SINGHAL

JUDGEMENT

(1.) MR . Justice Bhanwar Singh, President (Oral)Heard learned Counsel for the appellant and perused the impugned judgment whereby the complaint of the appellant against Dr. Gyan Chand Singhal was dismissed with a direction to the parties to bear their costs.

(2.) IN his complaint the complainant Kamlesh Kumar Gupta had accused Dr. Gyan Chand Singhal of medical negligence. As pleaded, though he was a Homeopathic doctor, yet he conducted surgery of -his piles. Dr. Gyan Chand Singhal denied that he had conducted any surgery either of the piles or of any part of the complainant's body. He admitted in his written statement that he had treated the complainant of his syphilis ailment and not of piles. The complainant in support of his complaint case relied upon the prescription dated 18.3.2007 of Dr. Gyan Chand Singhal. On the left hand side of this document prepared by the doctor there is mention about name, age and disease while on the right hand side names of medicines he prescribed have been mentioned. It appears that in the year 2007 Dr. Gyan Chand Singhal examined the complainant on four dates during a span of two months i.e. 18.3.2007,16.4.2007,19.4.2007and 2.5.2007. The doctor prescribed initially T.H. 200 and Sulpher 200 and then repeated Sulpher 200 on all the other dates. There is no documentary proof to support the complainant's version that Dr. Gyan Chand Singhal conducted surgery of his piles nor such surgery is part of Homeopathic therapy. The complainant has not disclosed the date of surgery nor he has given the name of hospital where he might have been operated upon. Much emphasis seems to have been laid on the following words written underneath the complainant's name on the left hand side of the prescription Annexure -2:

(3.) THERE is one another aspect of the matter and it is that if the disease of syphilis is not controlled, it may have secondary infection and even the learned Counsel for the appellant has placed some papers before us which would indicate that the secondary infection of syphilis even appears on palm and feet of the human body. Normally the disease of syphilis is sustained by contact as the dictionary meaning shows and the rashes appears on the genitals of the human being. Therefore, possibility of the rashes transferring from the male organ to his anus part of the body may not be ruled out. Be that as it may, the complainant has not been able to prove that Dr. Gyan Chand Singhal performed surgery of his piles subsequently resulting or converting into cancer. Burden to prove the medical negligence lies on the complainant but he has not been able to discharge it.