RAM SUSHIL TRIPATHI Vs. GHANSHAYAM KHATIK

JUDGEMENT

(1.) This revision petition has been filed against the order of the State Consumer Disputes Redressal Commission, Madhya Pradesh in Appeal No. 1618 of 2003 dated 18.3.2005 awarding compensation of Rs. 1.00 lakh to the complainant/respondent on account of rendering deficient medical service and consequential death of his wife and still-born child of the complainant/respondent with Rs. 1,000/- as cost + interest at the rate of 9% p.m. from the date of death of the wife of the complainant/respondent i.e. 11.7.1998.

(2.) On 11.7.1998, the complainant/respondent took his wife Madhu Khatik to R.S. Tripathi Clinic belonging to the petitioner while his wife was having pain in her abdomen. The petitioner informed that on account of complications, it was essential to undertake abortion. The petitioner demanded Rs. 5,000/-. The complainant/respondent took loan of Rs. 4,000/- from his 'Bua'- Shyam Bai and promised to pay the balance Rs. 1,000/- to the petitioner later on. The deceased was made to lie on the ground. Dr. Ram Lali @ Asha Tripathi put her hand in the abdomen of the deceased and took out the newly born child. Dr. Asha Tripathi said that 'Kanari' (Placenta) has not come out and she again put her hand in the abdomen and took out the 'Kanari'. Immediately thereafter, Madhu Khatik, the wife of the complainant/respondent and the child died. FIR was lodged. Post-mortem of Madhu Khatik and her newly born child was conducted. The challan was also filed. Both the accused were convicted.

(3.) It has also come on record that the petitioners did not have any Allopathic degree to perform operation. There is concurrent finding of fact against the petitioners in regard to the money.