SMITA ASHOK BANGAL Vs. NOORJEHAN ISRAR AHMED ANSARI

JUDGEMENT

(1.) The order of the District Forum is confirmed.-This appeal is preferred by Mrs. Smita Ashok Bangal, the present appellant and the original opposite party No.1, aggrieved by the order of the Additional District Forum, Pune in Complaint No. APDF 247/95, where opposite party 1 was directed to pay Rs.1,50,000/- by way of compensation and Rs.10,000/- by way of cost to the complainant, Smt. Noorjehan Israr Ahmed Ansari for finding deficiency in service and negligence in medical treatment rendered during the period from 15.6.1994 to 29.6.1994. The brief facts of the case are as follows :

(2.) The respondent is a mother of two minor sons and helps her husband Shri Israr Ahmed A. Ansari in his bakery business. She contacted the appellant on 21.6.1994 for fever and chills and on 24.6.1994, Tablet Perti 400 mg. was prescribed 6 tablets, 2 tablets per day to be taken. The above tablets caused rash all over the body and affected the skin with severe swelling. On 29.6.1994, since the appellant was out of town, the respondent contacted respondent No.2, Dr. Ashok Bangal who prescribed tablet terfed 50 mg. Even with this medication, the patient's condition worsened and enhanced severity of drug reaction and she had to undergo treatment at rural hospital in Narayangaon and later at Sasoon Hospital. The sonography taken on 5.8.1994, reveals that she had a foetus of 11 weeks and she had to undergo abortion. Due to the medication advised by the appellant, there was violent reaction resulting in retarded development of the foetus and she had to abort the child. This also resulted in loss of vision and the respondent became totally crippled reducing her body to quarter her size as of today.

(3.) The District Forum has observed from the records obtained from the Civil Hospital and Rural Hospital, Narayangaon established that the respondent came the victim of Stevenson Johnson Syndrome because of the course of 6 tablets of Perti which caused this present detriment to the respondent. Though the respondent prayed for 3 lakhs, she was awarded Rs.1,50,000/- by way of compensation and Rs.10,000/- by way of costs of the complaint.