LAWS(NCD)-2000-6-133

REVATHY Vs. CHANDRA

Decided On June 21, 2000
REVATHY Appellant
V/S
CHANDRA Respondents

JUDGEMENT

(1.) This action has come up for admission before us today. We have perused the averments in the complaint and also the documents filed alongwith it. Such perusal reveals the following factors : (1) The 1st complainant Revathy is the mother of the 2nd complainant M. Indu, Minor. During her pregnancy, it appears, she took treatment with the 1st opposite party-Doctor Chandra who is the Proprietor of the 2nd opposite party-Chandra Hospital. The 2nd complainant was born in the 2nd opposite party-hospital and the doctor in charge of the delivery was the 1st opposite party-Dr. Chandra. (2) It appears, it is a case of breach. (3) The child, it appears, was forcibly taken with the uses of forceps without resorting to ceaserian operation. (4) Because of the baby have been forcibly taken out by means of forceps, it appears, due to internal injury caused in such process, puss had been developed in joints and various portions of the body of the baby. (5) The baby was operated on various parts of the body for the removal of the puss. (6) Because of the alleged callous negligence on the part of the 1st opposite party, the 2nd complainant baby was put to face the agonising situation of operation for the removal of the puss formed on the joints and other portions of the body and the act of the 1st opposite party in such circumstances would prima facie tantamount to deficiency in service on her part.

(2.) Alleging the factors as above, the complainant resorted to the institution of proceedings before this Commission for certain reliefs as prayed for in this complaint.

(3.) The reliefs claimed in the complaint is for a direction to the opposite parties to pay a sum of Rs.2,00,000/- towards the amount stated to have been spent on the birth of the 2nd complainant, due to the callous, negligent and deficient service rendered by the opposite parties in extracting the 2nd complainant without any experience and by not giving proper aftercare and also for a direction to them to pay a sum of Rs.8,00,000/- by way of compensation for hardship and tension undergone by the 1st complainant during the course of delivery and also for mental agony, suffering, pain, tension, etc.