JAGRUT NAGRIK Vs. JALARAM HOSPITAL

JUDGEMENT

(1.) This complaint is filed by Jagrut Nagrik- authorised representative of complainant Nos.2, 3 and 4 against the opponent Nos.1 to 5. Complainant No.2 is the one who allegedly suffered. Complainant No.3 is the father of complainant No.2. Ms. Vandana, Complainant No.4 is the mother of complainant No.2.

(2.) It is important to note that during the pendency of the case complainant No.3 has died on 6.7.2001 and was deleted as party by order dated 13.2.2003. Complainant Nos.1 and 4 have also stated that opponent No.3 Dr. Milan Nane and opponent No.4 Medical Superintendent, Mayo Hospital are formal parties and no allegations stand against them and complainants do not press any relief against them.

(3.) Complainants state that complainant No.2 is 19 years old who has studied up to standard 10th and now is in standard 11th with bright career working as a model in T. V. Ads. Opponent No.1 is the hospital where complainant No.2 took treatment, opponent No. is M. D. , Gynec. and practising as a Gynaecologist, running her own nursing home in name of Navjivan Clinic at Baroda. Opponent No.3 Dr. Nane is the surgeon who was to operate complainant No.2. Opponent No.4 is a hospital where complainant No.2 received subsequent treatment. Complainant Nos.3 and 4 took complainant No.2 to opponent No.1 Jalaram Hospital for repeated attacks of fever on 24.2.1994. Rs.5 were paid as charge and receipt was given, she was examined by Dr. Milan Nane, opponent No.3 and diagnoses of tonsilitis was made after examination. Ms. Vandana was advised surgery and date for operation was fixed on 19.3.1994. On that day she was examined by Dr. Nane, blood sugar and urine test were done. She was admitted. Dr. Kavita Udwani was called by opponent No.1, Jalaram Hospital. Complainant Nos.3 and 4 in presence of one of their relatives had paid Rs.250 to Dr. Udwani and Rs.100 to opponent No.1 as charges for anaesthesia and operation respectively.