S K SHRIVASTAVA Vs. SEEMA AKHAURI

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 12.4.2006 passed by learned the District Consumer Forum, Ranchi in his case No 166/2004 by which the respondent/complainant has been decreed in part and the appellant/opposite party has been directed to pay Rs.1,50,000 on account of medical and freight expenses, Rs. 50,000 as compensation for harassment etc. and Rs 10,000 cost of litigation.

(2.) BRIEFLY stated facts leading to this appeal are that the respondent being a cancer patient, approached the appellant for Chemotherapy treatment She was administered 3 doses successfully on 24.12.2002, 17.1.2003 and 8.2.2003 respectively. The next 4th dose was fixed for 4.3.2003, which was administered, allegedly by one Mr. Jitendra not by the appellant himself at the instruction of the appellant. Mistake occurred in the administering of this fourth dose as it went extra venous and the patient developed complication. The husband of the patient told about the trouble to the appellant on telephone but he was replied that it was normal and nothing to worry. On 5.3.2003 the complainant again approached the appellant doctor and the appellant examined and told him that everything was normal. There is nothing to worry.

(3.) ON 28 March, 2003 the condition of the complainant worsened, pain became unbearable, he talked on telephone to TMH Mumbai and there upon she was advised to come immediately. Then she had to go to Tata Memorial Hospital, Mumbai with her husband by plane. There it was observed the case of extravasations consequently ulcer developed at the point of injunction of chemotherapy. Hence administration of further doses of chemotherapy was stopped as a result the main ailment of cancer could not be cured. Rather the complainant has to undergo the treatment for intermediate complication and ulcer which developed in course of chemotherapy.