SANTOSH GUPTA Vs. G G DHIR

JUDGEMENT

(1.) This complaint is filed by Smt. Santosh Gupta seeking compensation for medical negligence committed by the opposite parties due to which her husband Shri Mahesh Chand Gupta died. The complainant Nos. 2 to 4 are his children.

(2.) It is the say of the complainant that late Shri Mahesh Chand Gupta was working as lecturer in Hublal Inter College, Agra, U.P. and was drawing a salary of Rs. 9,000 p.m. The opposite party No. 1 is Dr. G.G. Dhir, Skin Specialist, who was consulted during the period 27.7.1995 to 5.1.1996; opposite party No. 2 is Dr. R.B. Singhal, who was consulted on 8.1.1996; opposite party No. 3 is Dr. Smt. Janaki Kumari, who was consulted on 8.1.1996 and 9.1.1996; opposite party No. 4 is Dr. B.B. Maheshwari, who was consulted on 20.1.1996, and, opposite party No. 5 is Dr. S.K. Sama of Chiranjiv Clinic and Sama Nursing Home, New Delhi, where the patient was admitted during 23.1.1996 to 26.1.1996. In the complaint it is prayed that compensation for a sum of Rs. 10 lakh for mental agony, caused due to death of Shri Gupta, Rs.10 lakh for loss of income, Rs. 2 lakh for expenses in treatment and Rs. 10,000 for the cost of complaint totalling to Rs. 22,10,000 be awarded. Case of the Complainants :

(3.) The deceased, Mr. Mahesh Chand Gupta, visited opposite party No. 1 on 27.7.1995 as he noticed some boils on his legs. He was advised to take the prescribed medicine for 20 days by opposite party No. 1, Dr. G.G. Dhir, for which consultation fee of Rs. 70 was charged. He was advised to get urine and blood tested. The test results were shown to the opposite party No. 1 on 4.8.1995, when the deceased was advised to continue the medication which was prescribed earlier, and asked him to come regularly for consultation. The deceased visited opposite party No. 1 on 19.8.1995 and stated that he was not getting any relief. Opposite party No. 1 asked to continue the medicine regularly and gave another prescription. After taking these medicines for 25 days and not getting any relief, the deceased met opposite party No. 1 on 13.9.1995 and informed him about it. Hence, the O.P. No. 1 prescribed new medicines. Thereafter, on 17.12.1995 the deceased approached O.P. No. 1 and complained of not getting any relief. Then the O. P. No. 1 prescribed the Tablet "Depsonil". It is the say of the complainants that without doing any pathological test, opposite party No. 1 prescribed tablet "Depsonil" (Annexure - V) which is used in case of leprosy.