P S KARUNAKAR Vs. NARAYANA HRUDAYALAYA

JUDGEMENT

(1.) This appeal is by the appellant/ complainant challenging the order dated 5.5.2005 passed by the District Consumer Forum, Bangalore Urban III Additional, in Complaint No.1180/2004 dismissing his complaint.

(2.) The facts of the case in brief are that the son of the complainant aged about 1 year and 4 months (for short, the "child") was admitted to the Hospital of respondent No.1/opposite party No.1 (for short, "op-1") on 7.7.2003. OPs 2 and 3 attended to the child. According to the complainant he was informed that the child will be observed for a period of 7 days and thereafter the needful will be done. It was revealed that there was a hole in the heart of the child and the child needed immediate heart surgery and the complainant had to arrange about Rs.1,05,000 for the said operation. The complainant with great difficulty arranged money and deposited in OP 1 Hospital. The further case of the complainant is that OPs 1 and 2 assured that the success of the proposed operation would be about 70%. Several tests were conducted. Ultimately, OPs 1 and 2 did not conduct any operation. According to OPs 1 and 2 the surgery was not conducted because the child was not fit or strong enough to withstand the operation. The case of the complainant is that if OPs 2 and 3 had conducted the surgery, the child would have been survived. Therefore, according to the complainant, not conducting surgery by OPs 2 and 3 amounts to "negligence" and, therefore, he is entitled for compensation of Rs.9,99,900.

(3.) The case of OPs 1 to 3 is that, in the first instance, the child was admitted to St. Martha's Hospital. After some time, the child was brought to OP-1 Hospital. The child was also subjected to several tests. According to OPs 1 to 3, no surgery was conducted since the child was not in a position to withstand the surgery. Ultimately, the child succumbed to death. In support of their plea OPs 1 to 3 have produced the Hospital records to establish that they have given the required treatment but in spite of their best efforts they could not save the child.