SALAM TULLAH Vs. LAL BAHADUR AND ORS.

JUDGEMENT

(1.) The brief facts relevant in both the revision petitions are these. Shri. Shiv Dhan's wife Nagina and daughter Sonkeshi and Shri. Lal Bahadur's mother Surshati were treated for gastro by Dr. Kazi, alias Salamatullah (the OP). The OP continuously gave Glucose to all the three patients when, on the night falling between 6/7 September, 1998, all three of them passed away. Alleging that it was negligence and deficiency in the medical treatment by Dr. Kazi, both the complainants, Shri. Shiv Dhan and Shri Lal Bahadur filed two separate complaints bearing complaint No. 381 of 1998 and Complaint No. 382 of 1998, respectively, against Dr. Kazi Salamatullah (the OP) before District Forum, Kushi Nagar (UP). The complainants also filed a criminal case under Section 304-A/323 I.P.C against OP.

(2.) Dr. Kazi submitted before the District Forum that there was an argument between the doctor and Shiv Dhan, as Shiv Dhan had taken the bicycle of the doctor. The opposite party has not supported his reply/objections with any affidavit.

(3.) The District Forum relying on the assertion of complainant, held that Dr. Kazi was a Jhola Chhap doctor, without any valid medical degree and gave more Glucose which lead to the death of said three persons. On 22.7.1999, the District Forum allowed both the complaints and Shiv Dhan was awarded Rs. 2 lacs as compensation for the death of his wife and daughter, while Lal Bahadur, was awarded Rs.1 lac for the death of his mother.