VINOD PRASAD NAUTIYAL Vs. SAVITRI UNIYAL

JUDGEMENT

(1.) Appeal No.79 of 2005 is filed by Shri Vinod Prasad Nautiyal who was the Complainant before the Uttranchal State Consumer Disputes Redressal Commission, in CC No.07 of 2002. It is filed against Dr. Savitri Uniyal and five others, who were all opposite parties before the State Commission. The appellant/complaint has prayed for enhancement for the compensation from Rs.2.5 lacs to Rs.12 lacs. First Appeal No.129 of 2005 is against the same order of the State Commission and is filed by State of Uttranchal, Dr. Savitri Uniyal and Dr. Vasudev Uniyal, who were OPs in the proceedings before the State Commission. The prayer of the appellant is to set aside the order awarding compensation of Rs.2.5 lacs in favour of the Complainant. These two cross appeals, arising from the same order of the State Commission, are taken up together for disposal.

(2.) The case of the Complainant Shri V.P. Nautiyal before the State Commission was that in January, 1993 his wife was medically advised that she was two months pregnant. Thereafter, she was seen by OP-1 during May and June, 1993 and was admitted into the Hospital as her condition was explained to be serious, on 28.06.1993. Next day, at about 4.30 AM she delivered a baby boy through an operation. At about 5.30 AM she was shifted to the female hospital. The Complainant has alleged that non-availability of the oxygen cylinder and blood to be given to his wife, were instances of deficiency in service, which caused her death in the morning of about 7.15 AM.

(3.) In his complainant alleging medical negligence, the Complaint took up the issue that for this operation, his wife was administered anesthesia by OP-2, who was not a qualified anesthetist, but an ophthalmologist. After the operation, the patient had a lot of bleeding but was not given any blood transfusion. According to Complainant, after the operation, his wife was made to walk to the women s hospital. Thus, his case was that she died due to lack of care after the operation.