SALEEMUDDIN Vs. SUNIL MALHOTRA

JUDGEMENT

(1.) This judgment shall dispose of two appeals. F.A. No. 458 of 1996 filed by complainants/appellants for allowing the appeal and awarding compensation as well as appeal No. 96/97 filed by Dr. Sunil Malhotra for not only dismissing the complaint of Saleemuddin but also awarding exemplary cost for filing forged and tampered documents for misleading the Court and thereby polluting the purity of justice.

(2.) Legal heirs of late Alauddin, 7 sons, 3 daughters and a widow Ms. Husnara Begum have filed complaint against Dr. Sunil Malhotra for alleged deficiency in medical service leading to death of Alauddin claiming Rs. 3,75,000 for the mental agony and pain suffered by them along with Rs. 20,000 for expenses incurred on the treatment and Rs. 10,000 as costs with interest @ 18% p.a. The complainants alleged negligence and deficiency in alleged surgical operation on 23rd June, 1993 carried out on Mr. Alauddin by the opposite party, Dr. Sunil Malhotra.

(3.) The deceased Alauddin had tumor in his right axilla with supra clavicular lymph modula on right side. He was examined in Citi Lab, New Delhi. Cytology report dated 27th May, 1993 issued by that Laboratory (R/7) showed FNAC of Axillary Lymph Nodes was carried out and patient was advised biopsy to ascertain the nature of the lump. The patient was taken to PGI, Chandigarh on 18th June, 1993 where doctors advised FNAC and chest consultation, etc. Some patients met Saleemuddin, complainant No. 1 and recommended that Dr. Sunil Malhotra was the right person for the treatment. Accordingly he contacted Dr. Sunil Malhotra on 18th, 20th and 21st of June, 1993. Dr. Malhotra examined the patient on 21st June, 1993. On 21st June, 1993 he demanded Rs. 10,000. X-ray, blood and urine tests were carried out and on 22nd June, 1993 he was admitted and during the alleged operation on 23rd June, 1993 by Dr. Sunil Malhotra Axillary tumour of the size of 10" x 8" plus supra clavicular lymph nodes by an incomplete operation under general anaesthesia condition sent the complete tumour with adherent skin to the Laboratory for biopsy. According to the Histopathology report of the Pathologist, Dr. Datta, it was a case of Non-Hodgkin's Lymphoma, Diffuse, Histiocytic High Grade, i.e., fast spreading cancer. Anti-cancer treatment was advised. The patient was admitted to Cancer Ward of AIIMS, New Delhi as per OPD Card dated 5th July, 1993. According to the complainant Saleemuddin, his father underwent anti-cancer treatment for about six months but the malignant wounds did not heal and the incomplete operation hastened the death of the patient. Since complete excision was not made a Fibro Sarcoma eventually fungated through skin and metastases were widely scattered. Consequently, Dr. Sunil Malhotra was liable for damages and compensation, etc.