B BEENA Vs. KVM SUPERSPECIALITY HOSPITAL

JUDGEMENT

(1.) Both the above appeals are being decided together in asmuch as they arise out of same judgement and order rendered by the Kerala State Consumer Disputes redressal Commission (for short, 'the State Commission') in complaint case no. 136/1999. By the impugned judgement, the State Commission partly allowed the complaint and directed payment of Rs. 2,33,940/- as compensation to the original complainants, alongwith cost of Rs. 2,000/. Being dissatisfied with the quantum of compensation, the original complainants have preferred FA No. 93 / 2005 seeking enhancement of the compensation amount whereas cross appeal, FA No. 94 / 2005, is preferred by the treating Doctor, Dr. V. V. Haridas, who was the original opposite party no. 2 before the State Commission.

(2.) Original complainants B. Beena & others are the widow, children & parents of deceased Chandrakumar. For sake of convenience, they will be referred hereinafter as the complainants. Admittedly, in the evening of 25.5.1998, Chandrakumar was rushed to KVM Super-speciality Hospital, Cherathalai. It is also an admitted fact that Dr. V. V. Haridas, who is the appellant of the cross-appeal, is the Director and Consultant physician of the KVM Super-speciality Hospital, Cherathalai and was the treating Doctor at the relevant time. Chandrakumar was a document writer. He was aged about 40 years at the relevant time. He was allegedly bitten by a cobra at his residence at about 8:0 PM. Soon thereafter, his relatives and some of the friends shifted him to the casualty ward of the KVM Super-speciality Hospital. It is an admitted fact that Dr. V. V. Haridas gave treatment to Chandrakumar in the relevant evening. On the next date at about 3:00 PM, Chandrakumar was discharged from the KVM Super-speciality Hospital and was shifted to Carithas Hospital, Kottayam for treatment. It is an admitted fact that ambulance of the KVM Super-speciality Hospital alongwith two nurses was provided for transportation of Chandrakumar to Carithas Hospital, Kottayam alongwith facility of artificial respiration. He died on 29.05.1998 at about 5:30 PM in the latter hospital. There is no dispute about the fact that Chandrakumar died as a result of spreading of the venom in his body due to the fatal bite of a cobra.

(3.) The case of the complainants was that Chandrakumar reached to the KVM Super-speciality Hospital, Cherathalai at about 8:10 PM but the nurses and duty Doctor present at the hospital had absolutely no knowledge of treatment to be given for snake biting. Therefore, Chandrakumar was kept unattended for a considerable period. The relatives and friends of Chandrakumar started shouting at the nurses and ultimately one oxygen cylinder was brought in order to provide oxygen intake to gasping Chandrakumar. The oxygen cylinder was defective and, therefore, it took sometime to make it functional. By that time Chandrakumar became unconscious. It was thereafter that Dr. Haridas came to the Hospital at about 9:30 PM. He managed to provide artificial respiration to Chandrakumar and also prescribed certain medicines. After giving some treatment Dr. Haridas left Chandrakumar and did not return during the right. In the next morning Dr. Haridas visited the bed of Chandrakumar and examined him. Still, however, he could not give any definite answer regarding the condition of Chandrakumar. The complainants gathered that management of the medical problem was beyond control of treating Doctor, i. e. , Dr. Haridas. So, they requested him to discharge Chandrakumar from the KVM Super-speciality Hospital. He readily agreed to do so. In spite of best efforts made by the Doctors at Carithas Hospital, Kottayam, Chandrakumar was no more in the evening of 29.05.1998.