NEW INDIA ASSURANCE CO LTD Vs. JAI KUMAR

JUDGEMENT

(1.) These two appeals, Appeal No.586/2001 filed by the opposite party Dr. N. S. Mourya and Appeal No.547/2001 filed by the opposite party the New India Assurance Company are against the same order dated 26.3.2001 passed in Case No.66/2000 by the District Consumer Disputes Redressal Forum, Sagar, hence are taken up together and disposed of by this common order.

(2.) Facts of the case are that the complainant/respondent Jai Kumar filed a complaint before District Forum stating that his wife Smt. Mohini Jain was suffering from fever since 13.10.1999. On 14.10.1999 the patient was brought to the appellant's nursing home/clinic for her treatment. The appellant after preliminary examination advised Injection Nivaquine and some tablets and capsules were also prescribed and blood test was suggested. The blood report was obtained on the same day i. e. , on 14.10.1999 in which Malaria parasites were not found but lymphocytes were found increased. On 15.10.1999, medicine prescribed on 14.10.1999 were deleted and a fresh prescription dated 15.10.1999 was given in which tablets for controlling diabetes, blood pressure, vomiting and pain and B-complex were prescribed. On 20.10.1999, antibiotic and the medicines to control diabetes, blood pressure, nausea and vomiting were prescribed. Then the patient went to Dr. M. K. Pal who after blood examination recommended that the patient should be taken to Indore. On 24.10.1999, when the patient was being shifted to Indore, it is alleged that she expired on way near Dewas. The complainant lodged a complaint with police and also filed a complaint under Sec.12 of the Consumer Protection Act, 1986 alleging medical negligence and praying for a compensation of Rs.5,00,000/-.

(3.) The District Forum after analysis of the evidence adduced by both the parties found that the opposite party/appellant has committed medical negligence by giving Nivaquine injection and also in not giving insulin treatment to the patient. The Forum awarded compensation of Rs.2,00,000/- to be paid to the complainant within a month and if not paid then to pay 9 per cent per annum interest. It is against this order the opposite party Dr. N. S. Mourya has filed the Appeal No.586/2001 while the Insurance Company has also filed Appeal No.547/201 challenging the order of the District Forum and submitted that the order of the District Forum should be set aside.