RAMJI LAL Vs. SARVODAYA MEDICAL

JUDGEMENT

(1.) -An unfortunate death of an infant born on 21st May, 1990 and who died on 31st July, 1990 was the subject matter of the complaint before the State Commission, Rajasthan at Jaipur.

(2.) Complainant's wife delivered a baby boy on 21st May, 1990. When the boy was of two months old, he fell ill and was treated by Dr. Balvir Singh Tomar, a Paediatric. He prescribed certain medicines in his prescription including Darzin with Neomycine. The Complainant went to M/s. Sarvodaya Medical-Opposite Party for dispensing the prescription. The Opposite Party supplied one bottle of Darzin with Neomycin and two bottles Pectokab-MF as per the Cash Memo No. 57042 dated 29.7.90. The baby boy died on 31st July, 1990. According to the Complainant the Opposite Party is solely responsible for the cause of death of the boy because of the negligence of the Opposite Party in dispensing wrong medicine which was given to the infant. The Complainant claimed a sum of Rs. 75,000/- on account of loss of the baby boy, Rs. 25,000/- on account of mental stress and shock suffered by the wife of the Complainant, a sum of Rs. 20,000 /- on account of mental shock and loss of his son to the Complainant besides a sum of Rs. 10,000/- as compensation for the expenses which have been incurred by the Complainant.

(3.) The State Commission in the Order under appeal came to the conclusion that there is nothing on the record barring averments made in the complaint and the affidavit of the Complainant that on account of supplying wrong medicine which was not prescribed by the Doctor has resulted in causing death of the baby boy. The State Commission came to the conclusion that the cause of death was Cyanotic CHD with CHF (Cyanotic Congenital Heart Disease with Congestive Heart Failure). The State Commission invoked the settled proposition of law that compensation under Section 14(1)(d) of the Consumer Protection Act can be awarded to the consumer for the loss or injury suffered by him only when it is on account of the negligence of the Opposite Party.