V P KUNHIKANNAN Vs. E K VARGHESE

JUDGEMENT

(1.) Heard counsel for the complainant and perused the records.

(2.) The complainant's wife Kamalakshy died of cancer on 27.6.1989. For sometime past according to the complainant, she was being examined by the opposite party who is the Professor of Obsterics and Gynaecology in the Medical College, Calicut. This began sometime in 1986 when she started discharging some fluid from the Uterus. Biopsy was done and D and C operation was performed in 1986 and 1988. After the last biopsy on 28.1.1989, according to the complainant, the opposite party informed him that she had cancer in the Uterus. She was directed to the cancer O. P where it was disclosed that the disease had reached the third stage. Thereafter Kamalakshy was taken to Madras (the cancer institute) where it was found that the disease was 17 months old. From there she was brought back to her native village where she died on 27.6.1989.

(3.) From the records and the averments in the complaint it is prima facie difficult to conclude that there was such deficiency on the part of the opposite party as a medical officer which would render him liable under the Act. What is worse there is no suggestion that either the complainant or his wife hired his services for consideration Counsel for the complainant suggested that the tax which the complaint has been praying to the State constitute sufficient consideration to support the hire. But the National Commission has repeatedly held otherwise that tax does not constitute such consideration. In all these circumstances we do not find sufficient justification to entertain the complaint. The complainant, can if he is so advised, institute other appropriate proceedings to seek relief. With these observations we reject the complaint.