BARINDER KAUR Vs. CHANDER MALHOTRA

JUDGEMENT

(1.) -THIS appeal has been directed by the complainant against order dated 4. 7. 2000 passed by Consumer Disputes Redressal Forum, Jalandhar vide which her complaint for compensation was dismissed.

(2.) BRIEFLY stated the facts are that Sh. Tarsem Singh was husband of Smt. Barinder Kaur, complainant. He had visited Malhotra Hospital, Shaheed Udham Singh Nagar, Jalandhar belonging to Dr. Chander Malhotra, respondent No. 1 on 3. 7. 1999 to get his throat checked from him. After examination, he advised to undergo operation of the throat for removal of tonsils and demanded Rs. 3,200 on account of operation. Accordingly he paid Rs. 500 as advance. On 4. 7. 1999, Tarsem Singh along with his wife Barinder Kaur complainant approached respondent No. 1 Dr. Chander Malhotra at about 9. 00 a. m. and Tarsem Singh was admitted in his hospital. He was given injections namely Phergan, Fortwin and Atropins before operation. Before operation, he was also given Xylocaine and before administering the medicine, sensitivity test was conducted to which Tarsem Singh did not show any reaction. Therefore, he was taken to operation theatre but after some time, respondent No. 1 came out of the operation theatre and told that her husband was serious as injection of anesthesia had reacted. Ultimately her husband expired.

(3.) SHE got a criminal case registered under Section 304a of IPC in Police Station, Division No. 4. Her husband was working as conductor and was aged about 39 years.