CANARA BANK Vs. RENI KAPOOR

JUDGEMENT

(1.) Appellants were the opposite parties before the State Commission, where the respondent Nos. 1-4 have filed complaint alleging medical negligence on the part of the appellants and respondent Nos. 5 to 7.

(2.) The facts leading to filing the complaint were that the respondent No. 2 Mrs. Jasbir Kaur on becoming pregnant approached the appellant No. 2 Dr. Devinder Kaur and was admitted on 20.1.1999 in the first appellant Hospital. At about 2.58 p.m. and 3.10 p.m. two male children (3rd and 4th respondents) were born, each having a weight of 2800 gms. The delivery was normal, but as per the respondent Nos. 1-4 /complainants, they were told, that the children are having mild jaundice, and in these circumstances the newly born children need to be kept in an incubator in order to cure jaundice. It was the case of the complainant that the children are kept in incubator in cases of birth of premature child, which was not the case here. It was further alleged that on account of temperature in the incubator being kept high, an irreparable physical damage was caused to the two newly born children. When the relations of the children showed the damage caused to the infant children, the appellant No. 2 in order to save her skin from any liability, referred the case to respondent No. 5, i.e.. Christian Medical College, Ludhiana (hereinafter referred to as CMC), where, as per the complainant, they were diagnosed with having 'extensive burn injuries' for which blood transfusion had to be resorted to. The left hand finger of the 3rd respondent and right hand finger of 4th respondent developed gangrene, which needed debridement and the children also had fever. The fingers of the infants also started falling of. It was the case of the respondent Nos. 1-4/ complainants that the damage to the fingers of respondent Nos. 3 and 4 were caused on account of medical negligence on the part of the appellants themselves. It is in these circumstances, alleging a case of medical negligence, a complaint was filed before the State Commission, in all, praying for a compensation of Rs. 19 lakh. The matter was contested by the appellants as also by the respondent Nos. 5 to 7. The parties led their evidence by way of evidence and the deponents were also cross-examined. The matter was heard at length by the State Commission who after hearing the parties and perusal of material on record, held the appellants medically negligent and directed them to deposit in the form of fixed deposit Rs. 7 lakh each in the names of respondents/complainant Nos. 3 and 4 as they are minor children till they attain the age of 18 years. It was further directed that the parents be nominated as nominees in both the FDRs. The respondent Nos. l and 2 were entitled to refund of expenditure to the tune of Rs. 82,178 incurred on the treatment of the children along with an amount of Rs. 2 lakh awarded as compensation for mental agony and harassment, along with cost of Rs. 10,000. Aggrieved by this order, this appeal has been filed before us.

(3.) We heard the learned Counsel for both the parties at considerable length and perused the material on record. The basic facts of the delivery of healthy children weighing 2800 gm. each is not in dispute. As rightly presented by the learned Counsel for the appellants, the controversy is narrow and limited and it relates to whether children were kept in the 'incubator' where on account of high temperature the children lost their fingers? We have seen the material on record. There is no disputing the fact that there were burn injuries on the body of the two infant children, i.e.. respondent Nos. 3 and 4 before us. It is the case of the appellants that this was caused by a 'room heater' used by the respondent Nos. 1 to 4 and they continued to use this room heater despite advice against its use by the appellants.