MEDICAL OFFICER, GOVERNMENT HOSPITAL Vs. A. SELVI

JUDGEMENT

(1.) The Respondent as filed a complainant before the District Forum, Salem, alleging deficiency against the opposite parties to pay a sum of Rs.99,950/- as compensation for negligence, and to pay cost of the proceedings. The District Forum, allowed the complaint against the opposite parties. Against the said order, this appeal is preferred by the opposite parties, praying to set aside the order of the District Forum, Salem, dated 9.7.2007 in C.O.P.No.114/2005. This appeal coming before us for hearing finally on 29.03.2011, upon hearing the arguments of the counsel on both sides, and perused the documents, written submissions as well as the order of the District Forum, this Commission made the following order :- The opposite parties are the appellants.

(2.) The Respondent/complainant filed a complaint praying for the relief of directing the opposite parties to pay a sum of Rs.99,950/- as compensation for negligence, and to pay costs.

(3.) The details of the complaint in brief are as follows :- The complainant who has three children again she conceived, on hearing family planning operation at Government Hospital, Attur. She got admitted on 5.3.03. The opposite party on 6.3.03 complainants pregnancy was terminated on abortion by the 2nd opposite party. The 1st opposite party is the Government Hospital under Government of Tamil Nadu. The 3rd opposite party is the Collector over all supervising authority of the first opposite party. After abortion she was discharged on 7.3.2003. Thereafter the complainant was suffering from pain continuously and approached the 2nd opposite party for medical checkup on 12.6.2003. In turn she was advised to go to Government Mohan Kumaramangalam Medical College Hospital, Salem. The complainant got admitted as in patient on 23.6.2003 to 25.6.2003. The medical report of the said hospital in Salem showed that the complainant was 6 months pregnancy. The complainant was shocked when she came to know that she was pregnant again. When she has already three children and she wanted to avoid 4th children. But the opposite parties 1 to 3 evading the request of the complainant. Hence the complainant has no other go and taking continuous treatment she gave birth with a female child on 12.11.2003. Once pregnancy is terminated by the 2nd opposite party by way of family planning done to the complainant on 5.3.2003 she got conceived again Due to the negligence of the 2nd opposite party she suffered hardship of mental agony due to the birth of 4th child. Hence a legal notice was issued to the 2nd opposite party. The 2nd opposite party not replied. Thus the complainant sought for directing the opposite parties 1 to 3 jointly or individually liable to pay Rs.99,950/- as compensation for the negligence of the opposite parties along with costs. Hence the complainant come forward with this complaint seeking the relief against the opposite parties as prayed for.