SQ. LDR. N.K. ARORA Vs. ARMY HOSPITAL

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21 of the Consumer Protection Act,1986 (in short "the Act") by the legal heirs of the deceased " Sq. Ldr. N. K. Arora against the Opposite Parties namely Army Hospital (R&R) (AHRR), Air Force Hospital, Hindon and All India Institute of Medical Sciences (AIIMS) for alleged medical negligence and deficiency in service.

(2.) Initially the Complaint was filed by Sq. Ldr. N. K. Arora, working as a Commissioned Officer in the Air Force (since deceased, hereinafter referred to as the "patient"). He, while commanding an Air Force "Convoy" from Jaisalmer to Gwalior in Rajasthan, on 13/5/2004, on way to Gwalior near Dausa, met with major road accident at about 8 p.m. His Maruti Gypsy rammed into the Camel-Cart with full of wooden-logs. He suffered injuries on face and chest and was taken to Civil Hospital at Dousa and thereafter referred to SMS Hospital, Jaipur. The doctors at SMS hospital informed that he suffered fracture mandible and ribs, but there was no head injury. The patient was accompanied with his Air Force officers including SMO 795 SU and SMO AF Station Hindon. After first-aid, for better treatment on the next day i.e. on 14/5/2005, he was airlifted to AHRR at Delhi Cantt and was admitted at 11.00p.m. in ICU under Dangerously Ill List (DIL) and was put on ventilator. The doctors therein instructed for "Care of ET tube (endortrachial tube) connecting ventilator. Regular Suction of ET" (for clearing airways). The CT Skull was performed at SMS Hospital and as per the report, there was no evidence of Epidural or Subdural haemorrhage or fracture (EDH, SDH), thus there was no bleeding inside the brain.

(3.) On 15/5/2004, throughout the day, the patient was conscious, well oriented and was talking to doctors and his parents. The Complainant narrated the events on 15/5/2004 as below: