PRADEEP KAYAL Vs. BALCHAND

JUDGEMENT

(1.) -the two appeals arise out of order dated 14.10.1999 passed in Case No.17/1997 by the District Consumer Disputes Redressal Forum, Guna (for short the 'district Forum')

(2.) Facts of the case in brief are that the complainant Balchand brought his wife Kusum Bai to the opposite party Dr. Pradeep Kayal who is running his own Kayal Nursing Home in Ashoknagar town of District Guna. The doctor prescribed some medicines and also suggested ultra sonography test of abdomen. The sonography report revealed that there was intestinal T. B. and advised operation of the intestine. The patient Smt. Kusum Bai was admitted in Kayal Nursing Home on 2.8.1996 and on 3.8.1996 operation was performed and the defective part of the intestine measuring about 6 inches was removed. On 14.8.1996 the patient was discharged. It is alleged that the patient was not fully recovered but the opposite party Doctor relieved her. When she came to her home, her condition deteriorated, therefore, on 16.8.1996 on the advice of Doctor, the patient was taken to Gokuldas Hospital of Indore where she died on 17.8.1996.

(3.) It is alleged by the complainant that the opposite party Doctor Pradeep Kayal has not taken proper care while operating the patient and it was due to his negligence that the trouble arose and the complainant's wife Smt. Kusum Bai died. He, therefore, presented the complaint before the District Forum, Guna claiming compensation of Rs.4,50,000/- for medical negligence. The District Forum after appreciation of evidence gave a finding that the death of the patient has no nexus with the operation, therefore, no case of medical negligence is made out against the opposite party. However, the District Forum gave a finding that the opposite party No.1 Dr. Pradeep Kayal has not taken proper care in taking help of another Doctor specially an Anaesthetist while performing such a major operation and by using purely an analgesic medicine Analgesia performed operation and the Doctors have failed to produce the record of the bed-head sheets and hospital record pertaining to admission, operation and treatment of the patient. The District Forum, therefore, ordered to pay compensation of Rs.10,000/- to the complainant. It is against this order, the complainant has filed Appeal No.459/2000 for enhancement of compensation while respondent Doctors have filed Appeal No.1783/1999 for setting aside the order of the District Forum.