KIRTI VERMA Vs. MANOJ RAMBHAU GAWANDE

JUDGEMENT

(1.) The Complainant Kirti P. Verma, delivered a male child around 11.20 p.m. on 9.8.2005. The Complainant noticed fever in her new born child on 10.8.2005 which was treated by a Pediatrician, Dr. Manoj Gawande, OP-1. It was alleged that the infant was treated with heavy doses of higher antibiotics. The child was hospitalized and OP-1 informed that the child will remain mentally challenged. The child developed swelling in the right hand at the point of injection. There was pain and change in colour. It was shown to OP-1 on 12.8.2005, but unfortunately, the child died. Hence, it was a case of deficiency in service on the part of OP-1 for not treating new born properly. Therefore, complainants Kirti Verma and Prakash Verma approached the District Forum, Akola, Maharashtra.

(2.) The District Forum allowed the complaint and held OP-1 liable for negligence and directed to pay compensation of Rs. 1,00,000 and cost of Rs. 2,000 to the Complainant.

(3.) Aggrieved by the order of the District Forum, OP-1 preferred an appeal A/09/85 while the Complainants preferred an appeal A/10/86 for enhancement of compensation. The State Commission allowed the Appeal filed by the OP and dismissed the complaint. Aggrieved by the order of the State Commission the Complainant approached this Commission through Revision Petition.