VIRENDRA SRIVASTAVA Vs. SURENDRA LAL SRIVASTAVA

JUDGEMENT

(1.) THESE revision petitions have been filed by Dr. Virendra Srivastava (hereinafter referred to as the 'Petitioner ') being aggrieved by the order of the State Consumer Disputes Redressal Commission, U.P. (hereinafter referred to as the 'State Commission ') in Appeal Nos. 1117 and 1360 of 2005 in which Surendra Lal Srivastava who was the original complainant before the District Forum, is Respondent.

(2.) IN his complaint before the District Forum, Respondent had contended that his son late Anoop Kumar Srivastava (hereinafter referred to as the 'patient ') met with an accident at 7.00 p.m. while driving his scooter on 15.8.1998 and suffered injuries. Some persons in the vicinity took him to the Petitioner 's clinic wherein the Petitioner/doctor after conducting an X -ray informed that there was fracture of the bones and dislocation of the shoulder which would be set right. Thereafter in the course of treatment an injection was given in the patient 's hand soon after which his condition became critical and he expired. According to the Respondent, Petitioner gave his son a Doxapram injection which is contra -indicated in case of head injuries. If the Petitioner/doctor had been diligent and professional, he would not have ruled out head injury without proper examination, particularly, when there was vomiting which is a sign of the same and his son 's life could have been saved. Respondent, therefore, filed a complaint before the District Forum on grounds of the medical negligence and deficiency in service and requested that the Petitioner be directed to pay the Respondent a sum of Rs. 4,50,000 with interest @ 18% per annum and Rs. 3,000 as litigation costs.

(3.) THE District Forum after hearing the parties and on the basis of evidence filed before it allowed the complaint and directed Petitioner No. l (Dr. Virendra Srivastava) and Respondent No. 2 (National Insurance Co. Ltd.) to jointly and severally pay the Respondent/Complainant Rs. 2 lakh within one month along with Rs. 1,000 as litigation costs.