K M BHANDARI Vs. TARA MATHUR

JUDGEMENT

(1.) Both the aforesaid appeals which arise out of an order of the District Forum, Jaipur-II dated 21.8.1995; are being disposed of by this Order.

(2.) Facts relevant for disposal of these appeals in brief are that the complainant Smt. Tara Mathur had undergone an operation of Gall Bladder through advanced Leproscopic Surgery on 3.5.1993 in a private hospital named Bhandari Hospital and Research Centre, Tonk Road, Jaipur. After being discharged the complainant Smt. Tara Mathur felt pain in her abdomen on 5.5.1993 which became severe between the night of 10.5.1993 and 11.5.1993. She was taken to the respondent Hospital on 12.5.1993 whereupon her stitches were removed. It has been the grievance case of the complainant that when her pain became unbearable; she consulted a private Doctor on 12.5.1993. On 13.5.1993, she was got examined by Dr. Subhash Nepalia of the Gastroenterology Dep ment of the SMS Hospital, Jaipur. She was duly examined and various tests were undertaken. There she was told that because of Leproscopic operation performed on 3.5.1993; there has been swelling in her pancreas. For this ailment she was given treatment in the SMS Hospital and was discharged on 22.5.1993 advising her to take rest and also to undergo regular treatment. It has further been the grievance of the complainant that because of the operation of her Gall Bladder on 3.5.1993 she had to undergo not only physical pain and discomfort but also suffered mental agony which culminated in her getting treatment at SMS Hospital, Jaipur from 13.5.1993 to 23.7.1993. Complaining that not only she had to part with an amount of Rs.9,000/- as fees to the respondent, she had further to spend an amount of Rs.5,000-6,000 also for getting proper treatment at SMS Hospital, Jaipur and thus advanced a claim before the learned District Forum amounting to Rs.97,110/- as disclosed in her complaint. The aforesaid complaint was mainly resisted by Dr. (Smt.) Rekha Bhandari and Dr. Barry Salky. Dr. Barry Salky had not appeared nor had filed any reply to the complaints, he being the Chief of Leproscopic Surgery Dn. , Mount Sinai Medical University, New York, USA. Instead the stand of the respondents has been that they had performed the operation of the Gall Bladder of the complainant with due care, caution and skill available with them and also under the supervision and guideance of Dr. Barry Salky being a renowned expert in the Leproscopic Surgery of Mount Sinai Medical University, New York, USA. It has been denied that they have been negligent or careless in treating the complainant and are responsible for the suffering of Smt. Tara Mathur and urged that the complaint filed against them is without any substance should be dismissed.

(3.) The District Forum after evaluation of the evidence tendered before it has partially allowed the complaint of Smt. Tara Mathur awarding a compensation of Rs.15,000/- on account of mental agony, etc. and Rs.500/- as cost of litigation. In her appeal No.1921/1995, the appellant Smt. Tara Mathur has asked for enhancement of compensation to the tune of Rs.97,110/- as claimed by her in the complaint where Dr. K. M. Bhandari and others in their appeal No.1920/1995 have sought quashing of the impugned order of the District Forum dated 21.8.1995.