T HAREENDRAN NAIR Vs. P ASHOKAN

JUDGEMENT

(1.) The case of the complainant is that his wife was admitted to the Span Hospital on 19/10/90 due to gynec problems and had undergone an operation on 23/10/90. For the purpose of the operation four bottles of blood were needed. Besides the blood donated by the complainant and his friends Vinod Kumar and Sivankutty Nair, one more bottle of blood was needed and that was purchased on 23/10/90 from Superior Blood Bank run by the opposite party, by paying Rs.200/-.

(2.) The blood supplied by the complainant and his friends Vinod Kumar and Sivankutty Nair was tested at Blood Bank Transfusion Service, Kumarapuram run by Dr. Rao, a retired Associate professor of Medical College Hospital, Trivandrum and was certified that the blood donors were 'non reactive'. After the operation Valsala Kumari was discharged from Span Hospital on 1/11/90. She was again admitted in the Span Hospital on 7/2/91 and on examination it was found that she was suffering from Viral Hepatitis. Therefore she was referred to Medical College Hospital and she was there under the treatment of Dr. Shenoy. It was revealed that she got this Viral Hepatitis through blood transfusion. On 18/2/91 she was admitted to Cosmopolitan Hospital for better treatment and on 6/3/91 she was discharged from there completely cured.

(3.) The allegation of the complainant was that the blood purchased from Superior Blood Bank of opposite party contatined the virus of Viral Hepatitis and because of that his wife got that disease. Because of that the complainant had to spend a huge amount for the treatment of his wife and suffered a lot of tension and mental agony. It was also alleged that this was caused due to the negligence of the opposite party.