N ROHAN YADAV Vs. MANORAMA TAMRAKAR

JUDGEMENT

(1.) The three appeals arise out of the order dated 31.10.2000 passed in Case No 108/98 by the District Consumer Disputes Redressal Forum, Sagar (for short the 'district Forum' ).

(2.) Facts giving rise to the case are thus : the complainant-Smt. Manorama Tamrakar filed a complaint against Dr. Smt. Usha Saini, Dr. Smt. Shashi Thakur, Dr. N. Yadav and Miss Nathaval, Nurse of the Duffrin Hospital, Sagar alleging deficiency in medical service provided to her while she was admitted and remained as an indoor patient in Government Hospital for delivery of child from 14.8.1996 to 30.8.1996 from where she was discharged arid then was admitted in the Medical College Hospital, Jabalpur for treatment from 10.9.1996 till 27.9.1996. The complainant averred that after lower segment caesarean operation was performed on 15.6.1996 whereby the female child was born, there was infection and pus formation, which did not stop inspite of treatment, hence she was referred to Jabalpur Medical College where she was admitted on 19.9.1996 and remained under treatment till 27.9.1996. In the Jabalpur Medical College, while dressing on 10.9.1996 it was found that at the place of stitching at the time of caesarean operation 5 mtrs. mop was left, which ultimately was taken out on 30.9.1996 by operation. Leaving mop was an act of gross negligence on the part of the doctors of the Government Hospital, Sagar, who performed lower segment caesarean operation, therefore, claimed the amount of Rs.5 lacs as compensation for deficiency in medical service in not taking proper pre and post-operative precautions. During this period the female child also died for want of proper feeding. The complaint filed was resisted. The District Forum after appreciation of evidence held that the complainant was a consumer and the complaint was maintainable even if no consideration was charged in the Government Hospital at Sagar. For the deficiency in service, the District Forum ordered to pay compensation of Rs.50,000/- and Rs.5,000/- as costs of the proceedings within a period of one month from the date of the order, failing which amount of compensation to carry interest at the rate of 12% p. a.

(3.) The hospital and Dr. Smt. Usha Saini and Dr. Smt. Shashi Thakur and Staff Nurse aggrieved of the order have filed Appeal No.1763/2000, while Dr. Smt. N. Rohan has filed Appeal No.96/bsp/2000. The complainant has also filed Appeal No.1803/2000 for enhancement of compensation.