J SRIDHARA BHAT Vs. M PRAKASH KAMATH

JUDGEMENT

(1.) FOR the sake of convenience, the parties in this order are referred to according to their position in the complaint filed before the District Forum.

(2.) THE complainant has filed this appeal challenging the order dated 5. 12. 2005 passed by the District Consumer Forum, Bangalore Urban I Additional, in Complaint No. 666/1995, by which the District Forum has dismissed their complaint.

(3.) THE facts of the case in brief are that the daughter of the complainant by name Kumari Usha (for short, the "child"), who was aged about 10 years, was suffering from "typhoid Fever", as diagnosed in Geetha Clinic. On 27. 5. 1994 she was brought to Sri Vinayaka Nursing Home belonging to opposite party No. 1 Dr. Prakash Kamath (for short, "o. P. 1") with the history of suffering from fever and headache since five days, loose motion since two days and vomitting since one day. Dr. Kumar of Geetha Clinic brought the child to Sri Vinayaka Nursing Home and got her admitted on 27. 4. 1994 at about 9. 00 p. m. At that time O. P. 1 was not available in Sri Vinayaka Nursing Home. Therefore, the Duty Doctor examined the patient and admitted the child to Sri Vinayaka Nursing Home. Dr. Kumar wanted treatment to the child by a specialist paediatrician and suggested the name of O. P. 1. From the averments in the complaint it is seen that before admitting the patient to Sri Vinayaka Nursing Home blood test was done in Ideal Clinical Laboratory on 25. 5. 1994 and the Widal test was found positive and, therefore, the disease was tentatively diagnosed as Typhoid Fever.