PRABHA AGARWAL Vs. KAMKHYA SINGH

JUDGEMENT

(1.) This appeal is directed against order of the Bihar State Consumer Disputes Redressal Commission (in short 'the State Commission') in complaint case no. 32 /2002. By the impugned order, the complaint was partly allowed. The appellants were directed to pay compensation of Rs. 4 lakh on account of loss of life of the complainant's wife alongwith compensation of Rs. 1 lakh towards medical expenditure and Rs. 10,000/- as cost of litigation. Feeling aggrieved thereby, the original OP Nos. 1 & 2 have come up in appeal.

(2.) The appellants admittedly are medical practitioners. They run a clinic styled as "Rohtas Nursing Home, Station Road, Dalmia Nagar, Rohtas. " The appellant no. 1 is Gynaecologist. The appellant no. 2 a general medical practitioner. The clinic is situated in small locality of Dalmia Nagar District Rohtas. There is no dispute about the fact that complaint Kamakhya Singh hails from a remote village called Danwar. No claim was made against OP No. 3 Bose Clinic. In this appeal also Bose Clinic is a formal party. It would be convenient to refer the contesting parties by their nomenclature as was used in the complaint case filed before the State Commission.

(3.) Briefly stated the case of complainant Kamakhya Singh is that on 10.12.2001, he had taken his wife, namely, Lalti Devi to the clinic of the appellants. She was suffering from abdominal pains. The appellants gave certain medicines to her and advised to take rest in the nursing home. After consumption of the medicines, her pain had increased. At the relevant time, Lalti Devi was pregnant. Appellant No. 1 Dr. (Smt. ) Prabha Agrawal advised termination of pregnancy by DNC operation. An amount of Rs. 10,000/- was demanded for conducting the operation. However, Kamakhya Singh could manage payment of only Rs. 5000/- and sought time to pay the remaining amount. Lalti Devi was operated at about 1:00 AM in the night falling between 10th and 11th Dec. 2001. When she gained consciousness in the next morning, she felt acute pain in the abdomen. On the next date, the appellants asked the complainant whether the remaining amount was arranged and deposited. He could not arrange for the money and, therefore, further treatment was refused. On 12.12.2001, complainant Kamakhya Singh, took his wife to Bose Clinic. He was advised to take her to better medical centre. So, he took her to Patna Medical College Hospital (PMCH) at Patna. She was admitted in the said Hospital on 13.12.2001. At the PMCH, it was noticed that there was history of abortion on 10.12.2001, complaints of vomiting and she had not passed stools for three days. Further investigation revealed that there was prognosis due to perforation over the anterior surface of the uterus as well as in the S. J. The risk of operation was explained to the patient and, thereafter, she was operated. She died on 15.12.2001 at 6:26 AM. The complainant alleged that it was due to negligent surgical procedure done by the appellants that his wife lost her life. He further alleged that appellant no. 1 Dr. Prabha Agarwal had no adequate knowledge of conducting the M. T. P. He, therefore, claimed compensation of Rs. 5,75,000/- by filing complaint before the State Commission.