M L BAJAJ Vs. Y P GOYAL

JUDGEMENT

(1.) Whether a consumer dispute would survive the death of the complainant for the benefit of his legal representatives This is the solitary significant issue in this complaint now.

(2.) The facts relevant to the pristinely legal question above lie in a narrow compass. Ashok Kumar, complainant (now deceased) had brought the complaint to allege a deficiency in medical services rendered by the opposite party Dr. Y. P. Goel. The allegation was that on the 3rd of December, 1990, he developed a very severe pain in his right leg throughout and was immediately taken to the Clinic of the opposite party at Kurukshetra. He was administered injections and apparently admitted as an indoor patient. . But since no visible relief in the pain ensued, the opposite party got him checked from another specialist surgeon on the 5th of December, 1990, who advised that he should be shifted to the Post Graduate Medical Institute at Chandigarh for proper treatment. In accordance therewith the complainant was forthwith removed to the P. G. I, and ultimately his leg had to be amputated thereat and he was later discharged on the 29th of December, 1990. Inevitably, he remained bedridden for more than 3 months and the primal grievance was that he had lost his leg due to the wrong treatment and negligence of the opposite party, in failing to arrive at a correct diagnosis forthwith. The father of the complainant had originally moved this Commission on a somewhat rambling application and subsequently a proper amended complaint was filed by the complainant himself in compliance with our order dated 18th of June, 1993 seeking compensation to the tune of Rs.4 Lacs.

(3.) It is unnecessary to advert to the defense taken which stoutly controverted all the allegations of the complaint and raised preliminary objections, which were disposed of by our detailed speaking order on the 13th of August, 1993. The crucial fact is that on the 12th of November, 1993 the complainant died of a cause wholly unrelated to the alleged injury and amputation of his leg. An application dated the 1st of February, 1994 was then preferred seeking to implied the legal representatives on the record. The prayer is that both the parents of the deceased and his widow, and three children be brought on the record. It is averred that there are no other legal representatives of the deceased.