VIRENDRA MAHLA Vs. SUSHEEL KUMAR

JUDGEMENT

(1.) -THIS appeal has been preferred by the appellants who were the non-applicants in the complaint against the order passed by the learned District Forum, Sikar on 2. 1. 2004 whereby accepting the claim of the complainant awarded his a compensation for Rs. 2 lacs to be paid by the appellants.

(2.) THE complaint was filed by the complainant-respondent against the appellants alleging negligence in medical treatment and giving HIV positive report due to which the complainant suffered mental and physical agony and harassment. It was alleged in the complaint that the complainant had gone to the appellant for his treatment on 12. 9. 2002 as he was suffering from abdominal pain. The appellants run Ruchika Diagnostic and Research Centre in Sikar where the complainant was operated upon for appendix and thereafter he was discharged on 19. 9. 2002. In spite of the operation, pain continued to persist and therefore again on 2. 12. 2002 the complainant went to the appellant's Hospital where he was admitted and investigations were done. From the investigation report, the complainant was found to be HIV positive and was discharged from the Hospital by the appellants saying that since the complainant's report is positive for HIV, his treatment nowhere in the world is possible and he was advised to go home. The complainant further alleged that the appellants informed the family members of the complainant that those who were suffering from HIV positive might not live longer and therefore they were advised to take the complainant to home where he could be looked after. Having suspicion about diagnosis conducted by the appellants, the complainant went to SMS Hospital, Jaipur where the Doctors misbehaved with him and refused to investigate. Thereafter the complainant went to PBM Hospital, Bikaner but he met the same fate. Ultimately the complainant went to Marudhar Hospital, Jaipur where the investigations were repeated and the report of HIV investigations came negative. The complainant alleged that on account of wrong and incorrect report of the HIV positive given by the appellants, the complainant had to suffer physical and mental agony. Thus the complainant claimed a sum of Rs. 2 lacs as compensation on account of mental agony and harassment he had undergone and sum of Rs. 1 lac that he had to spend on account of wrong treatment and giving wrong and incorrect report of HIV positive.

(3.) THE appellants resisted the claim of the complainant by filing a written statement wherein all the allegations of negligence and treatment were denied and it was also submitted that the operation of the complainant for appendix was done by Dr. G. L. Rathi and the appellant No. 1 which was successful. Again on 2. 12. 2002, the complainant was admitted in the Hospital on account of complaint of pain in abdomen. Investigations were again conducted and on investigations conducted the complainant was found to be HIV positive and was further advised to get the same confirmed by Western Blot Technique (WBT) which is a confirmatory test. Thus as per the appellants, the allegations of negligence are totally baseless, unfounded and incorrect and therefore requested to dismiss the complaint.