NIRDOSH & ANR Vs. RAJEEV PANDEY

JUDGEMENT

(1.) Smt. Nirdosh, aged about 23 years, wife of Shri Amit Kumar Tiwari on 3.2.2002 herself performed urine pregnancy test (UPT), came to know about her pregnancy. On 20.2.2002, she visited OP 2/Dr. Geeta Pandey who performed Ultrasound (USG), diagnosed it as a missed abortion. OP-2 advised injection and medicines for removal of pregnancy. The complainant-1 consulted Dr. Suman Rastogi(OP-3) on 21.2.2002, she also gave medicines and injections for removal of pregnancy. On 22.2.2002, the patient got USG done from Dr. Satya Prakash. He gave report as 'healthy pregnancy' and advised to take consultation from lady doctor from time to time. On 18.9.2002, she gave birth to a male child at District Woman Hospital. It was alleged that due to wrong treatment during pregnancy, the newborn baby developed heart disease which caused her mental agony and lot of expenditure. Hence, the complainants (husband and wife) filed a complaint before the District Forum, Shahjahanpur claiming compensation.

(2.) The District Forum allowed the complaint and directed OP 1 to pay a sum of Rs.50, 000/- to the complainant No. 1 for mental agony and Rs.50,000/- as physical hardship and Rs.1000/- towards costs.

(3.) The OP preferred first appeal before the State Commission, U.P., which was allowed and dismissed the complaint. Therefore, this revision petition is filed by both the complainants.