DINESH KAUSHAL Vs. K K KHURANA

JUDGEMENT

(1.) Appellant/complainant has appealed by this Commission. Facts in brief of the case are that appellant's father on 5.10.1999 was having high temperature. He was broght by the appellants to opposite party for treatment. Opposite party after examining the patient found that the patient was suffering from diabetes and T.B. and prescribed medicine for the same. Since there was not much improvement in patient's health he was taken again to opposite party. Opposite party conducting various tests again said that patient was having high blood sugar and no heart problem.

(2.) On 10.1.2000 the patient complained of acute chest pain and breathlessness. Opposite party after examining said that there was no serious ailment. In the same day when appellants were taking the patient to native place the condition of the patient had deteriorated so much that he had acute pain and became breathless. He was immediately taken to the local civil hospital where the Doctor advised for ECG test, which was got conducted at Gupta Hospital at Kurali. On having seen the ECG report, the Doctor at the Local Civil Hospital opined that the patient had severe heart attack and he referred him to General Hospital, Sector 32, Chandigarh, but the patient, on the way to Chandigarh, had died due to acute pain in the heart and breathless suffering.

(3.) The complainants had filed the complaint before the State Commission claiming Rs. 9,52,800/- along with Rs. 6,000/- for the amount spent for medicines, etc. They had also claimed Rs. 2 lakhs as compensation for mental harassment and agony suffered plus Rs. 50,000/- as litigation expenses for medical negligence and gross deficiency in service on the part of the opposite party.