G SUKUMAR Vs. BODIGA DASHARATHA

JUDGEMENT

(1.) This is a complaint filed under Section 17(a)(i) of Consumer Protection Act, 1986 praying to direct the opposite parties jointly and severally to pay Rs. 6,00,000 towards compensation for loss of life of complainant s wife and child and mental agony suffered by him and also to award costs of this complaint.

(2.) The brief facts as set out in the complaint are that the wife of complainant Smt. Gangadhari Sulochana aged about 20 years was brought by her mother Balamani on 30.12.2000 to Kavitha Nursing Home belonging to opposite party No. 1 (in short OP 2) at Valigonda and that Dr. Dasharatha, opposite party No. 1 examined her and asked Sulochana s mother to bring her on the next day. On 31.12.2000 Balamani, mother of Sulochana again took her to opposite party No. 2 hospital since she had pains of delivery. The opposite party No. 1 admitted Smt. Sulochana in his Kavitha Nursing Home and on 1.1.2001 hurriedly took her to operation theatre and conducted a surgery on Sulochana and took out a still born child from her womb with the assistance of Dr. B. P. Sagar (OP3).

(3.) It is alleged by the complainant that Dr. Dasharatha (OP1) is not qualified to conduct any surgery and that OP2 Kavitha Nursing Home is not equipped with necessary infrastructural facilities. In spite of that OPl conducted the surgery without necessary instruments and other facilities in OP2 Nursing Home endangering the lives of Smt. Sulochana and her child. Due to negligent acts of OPs 1 and 3 who are unqualified, the male child of Smt. Sulochana died in the womb itself.