KIRTI B. NAYAK Vs. SONALBEN S. VYAS

JUDGEMENT

(1.) This present First Appeal has been filed by the Appellant/Opposite Party No.1 against the order passed by the State Commission of Gujarat directed the Appellant to pay an amount of Rs.2.5 lacs along with 6% interest from the date of complaint, plus Rs.10, 000/- as a cost to the Complainant.

(2.) The relevant facts are in brief that, on 17.10.1997 the Complainant Mrs. Sonalben, 24 years during her pregnancy suffered pain and consulted the OP-1 Dr. Prakash L Nayak, Harikripa Maternity and Surgical Nursing Home, at Kodi. The OP-1 after examination, informed her that, the bleeding was due to separation of foetus from placenta. Hence, the OP-1 without giving any emergency treatment referred her to the OP-2 Dr. Kirti B. Nayak, Mahalaxmi General Hospital at Kalol. The OP-2 without examining her, informed about need of immediate operation and accordingly, the OP-2 performed caesarean operation (LSCS), took out the dead foetus. The complaint alleged that, the consent was taken afterwards. Even though the bleeding did not stop, hence, the OP proceeded for hysterectomy operation without her and her husband's consent. She was very young married women and due to loss of uterus, her active life became pathetic. Hence, alleging that, the OPs acted negligently, it was a medical negligence and deficiency in service to remove the uterus, the Complainant filed a complaint before State Commission and prayed for compensation of Rs.5,30,000/- from OPs.

(3.) After hearing the parties and going through the evidence, the State Commission partly allowed the complaint against OP-2 and dismissed the complaint against OP-1. The OP-2 was directed to pay Rs.2,00,000/- and Rs.50,000/- towards mental agony and Rs.10,000/- as cost. Aggrieved by the order the OP-2 approached this Commission through the first appeal for setting aside the order passed by the State Commission.