RAMALINGAM, M D Vs. RAPOLU KODE NAGESWARA RAO

JUDGEMENT

(1.) THE opposite party no.2 is the appellant. The appeal is challenge to the order of the District Forum whereby the appellant is directed to pay a sum of Rs. 3 lakh with interest thereon to the respondent no.1. The respondent no.1 filed complaint claiming a sum of '10 lakhs towards compensation on account of death of his wife and he claimed the amount on the premise of deficiency in service on the part of the appellant.

(2.) THE case of the first respondent as seen from the averments of the complaint is that his wife Rapolu Sailaja was pregnant and used to visit the hospital of the appellant during her pregnancy period. The appellant and the respondent no.2 informed the first respondent that his wife was in a fit condition for safe delivery. On completion of nine months and when the first respondent's wife developed labour pain she was admitted in the hospital of the appellant at 4.20. p.m. on 13.6.2008 and she delivered a female child the next day i.e., 14.6.2008. The appellant and the respondent no.2 informed the respondent no.l that his wife died at 5.30 a.m. on 14.6.2008 due to hypotension and cardiac arrest as a result of PPH. The doctors at the hospital of the appellant subsequent to the death of first respondent's wife advised him for purchase of medicine worth Rs. 1,360/ - and blood worth Rs. 1,000/ -. The first respondent's wife died due to negligence of nursing staff and the doctors of the hospital.

(3.) THE second respondent resisted the claim contending that the third respondent is in -charge of the first unit patient and there was no occasion for her to examine or treat the first respondent's wife. The first respondent wife was admitted in 3rd unit and the working hours of NR1 hospital was 9.00 a.m. to 4.00 p.m. The second respondent left the hospital at 4.00 p.m. on 13.6.2008 and the first respondent's wife was admitted in the hospital at 4.30 p.m. on 13.6.2008. The delivery was conducted by the duty doctor of unit no.3. The patient delivered normally in the labour room. In the early hours of 14.6.2008 the patient developed bleeding and the appellant attended on her and she died in the early hours of 14.6.2008. The second respondent is an administrative head and retired on 30.4.2010 as head of the department and Dr.P.Vasanth Kumar was appointed in the place of the second respondent.