D RAMA RAJYAM Vs. P K VASUDEVA RAO

JUDGEMENT

(1.) BOTH these appeals arise out of the same order of the State Commission of Andhra Pradesh which allowed the CD No. 19 of 1995 in part directing the first opposite party Dr. D. Rama Rajyam to pay a sum of Rs. 50,000 to the complainant with interest @ 12% per annum from 2.3.1995 till payment and the CD No. 52 of 1995 was allowed in part directing Dr. D. Rama Rajyam to pay Rs. 2.00 lakh (Rs.1.00 lakh to each complainant) with interest @ 12% per annum from 5.8.1995 till payment. Dr. Rama Rajyam was also directed to pay Rs. 3,000 as costs in each CD to the respective complainants. Complaint against the second opposite party Dr. Doddi Parasuram was dismissed.

(2.) AGGRIEVED by this order Dr. Rama Rajyam has filed FA No. 302 of 2002 for dismissing the complaint. FA No. 303 of 2002 was filed by Vasudeva Rao and others for enhancing the compensation given.

(3.) IT is the say of the complainant that Dr. Rama Rajyam was working as a Medical Officer in a Primary Health Centre, Balijipeta and running a nursing home at Bobbili in the name of her husband Dr. Doddi Parasuram (second opposite party). Patient Vijayalakshmi is the wife of the complainant in CD No. 19/1995 and the mother of the minor children in CD No. 52 of 1995. Smt. Vijayalakshmi was suffering from fever and her husband took her to Dr. Rama Rajyam on 10.8.1994 for treatment athernursing home at Bobbili. She was prescribed Diclozil and asked for blood report. As the fever did not subside the patient was again taken to the nursing home on 13.8.1994 and later on 20.8.1994, on which date the patient complained of stomachache and Dr. Rama Rajyam advised removal of uterus as it may lead to cancer without conducting any investigation. She prescribed Inferon injection for improvement of Haemoglobin and the surgery was scheduled on 8.9.1994 but was postponed to 15.9.1994. Dr. Rama Rajyam took 3 1/2 hours for conducting the hysterectomy. In the evening the doctor requested to get blood and the complainant brought some persons for donating the blood, despite giving lot of blood there was no improvement in her condition and ultimately the patient expired at 6.10 a.m. on 18.9.1994.