DR. ABUL HOSSAIN Vs. MAMUDA BIBI

JUDGEMENT

(1.) The complainant, Mamuda Bibi's husband -Shri Serajul Haque (patient) was treated by Dr. Abul Hossain, OP/petitioner on 8.5.2007 at his clinic, Suktabari Cooch Behar, for the complaints of severe diarrhea and abdominal pain. Patient was treated by giving IV fluids and kept in his chamber. The patient's condition further worsened. Therefore, the OP referred the patient to MJN Hospital in Cooch Behar on 9.5.2007 at 4.30 a.m. but the patient died on the way to the hospital. The hospital issued a death certificate as patient died of Maningo -encephalitis. Alleging the wrongful treatment given by the OP and for earning money dishonestly with forged degree certificate, a complaint was lodged in the District Forum, Cooch Behar by the complainant and prayed for compensation of Rs.3,10,000/ -.

(2.) The District Forum allowed the complaint and directed the OP to pay Rs.1,50,000/ - compensation to the complainant. Subsequently, the State Commission also confirmed the order of District Forum. Hence, aggrieved by the order of State Commission, the OP preferred this revision petition.

(3.) Learned counsel for the petitioner/opposite party present. The respondent/complainant was already served, but not present during arguments. We have heard the learned counsel for the petitioner. He submitted that the OP was a qualified doctor, as a registered medical practitioner, under alternative medicine. He has brought our attention to the certificate issued by Institute of Alternative Medicine.