VINITA AGNIHOTRI Vs. DINESH KUMAR AWASTHI

JUDGEMENT

(1.) HEARD learned Counsel for the appellant.

(2.) NONE responded on behalf of respondent.

(3.) THIS appeal is directed against the judgment and order dated 26.2.2003 by virtue of which respondent/complainant s complaint was allowed and a sum of Rs. 1.00 lacs was awarded as damages besides litigation charges of Rs. 500. The complainant filed his complaint with the allegations that Dr. Vinita Agnihotri of Raj Hospital committed medical negligence while treating his wife and operating her of a tumour in her abdomen during 22.6.2000 to 29.6.2000. The complainant s wife expired on 25.10.2000. The complainant paid Dr. Vinita Agnihotri fees for treatment as well as operation but the entire tumour could not be removed by the Doctor as a consequence she died. The District Forum proceeded ex parte on the assumption that the registered notice alleged to have been despatched to Dr. Vinita Agnihotri might have been served upon her as the same was not received back within one month. On the strength of the deemed service, the District Forum had drawn ex parte proceedings and relying upon the affidavit filed by the complainant in support of his complaint the District Consumer Forum, Kanpur Nagar allowed the complaint and awarded damages as indicate above.