VILAS BENSHAH Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) -THIS revision petition is filed against the order of the State Commission, Punjab dated 28th July, 2000 in Appeal No. 460/1999 filed by the respondent No. 1, Mrs. Harvinder Kaur against the order dated 1. 4. 1999 passed by the District Forum Jalandhar dismissing the Complaint No. 1515-DF-98. Brief facts of the case are :

(2.) RESPONDENT No. 1, Mrs. Harvinder Kaur is complainant and respondent No. 2 is M/s. New India Insurance Co. Ltd. , is a proforma party. The respondent No. 1/complainant had two caesarean operations in the year 1991 and 1993. She visited the petitioner's Nursing Home on 5. 9. 1997 for ante natal check up, i. e. , five days prior to the delivery. On examination, it revealed that she was carrying twin babies. She got admitted on 10. 9. 1997 at 8. 00 a. m. Since respondent No. 1 had already undergone two caesarean operations (Vertical infra-umbilical incisions), the uterus was very large due to twins and had considerably descended and there were also adhesions of previous two surgeries. The petitioner made the incision in a lower segment and babies were delivered and respondent No. 1 was discharged on the 9th post operative day, i. e. , on 19. 9. 1997 (Annexure P-4 ). The petitioner had a team of doctors who conducted the operation, i. e. , (i) petitioner, Chief Surgeon, (ii) Dr. Anu Arora-First Assistant Doctor to keep complete the notes of the operation, (iii) Dr. Harmeet Kaur, in-charge of the operation trolley, (iv) Dr. Upma Ralhan, M. D. Anaeshthetist, (v) Dr. Satvinder Singh, M. D. Paediatrics.

(3.) AFTER operation, she was advised to take Hemantinics, calcium and B complex. She was not having any infection or any pain at the time of discharge and hence no antibiotics or pain relievers were prescribed. As per the case sheet, she was advised and also had taken short wave diathermy that is mild heat therapy for recovery of internal wounds.