LAWS(NCD)-2007-4-49

SOM NATH Vs. UNION OF INDIA

Decided On April 12, 2007
SOM NATH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) -ALLEGING negligence, carelessness and deficiency in service on the part of the O. Ps. , the complainant has claimed compensation of Rs. 10. 00 lacs on account of various operations, he has become completely a disabled person.

(2.) FACTS, which gave rise to this complaint, in brief, are that the complainant in the year 1986 suddenly developed chest pain. He approached AIIMS for by-pass heart surgery. He was admitted on 3. 11. 1998 for operation. His operation was conducted by Dr. M. L. Sharma and he remained admitted in AIIMS from 3. 11. 1988 to 13. 11. 1988. After the said operation, the complainant developed side effect as his left foot was totally swollen and the chest pain increased and the condition became worst. The complainant was again admitted in AIIMS on 15. 7. 1992 and remained till 21. 7. 1992. The condition of the complainant did not improve and again on 24. 8. 1994, the complainant was admitted in AIIMS and remained admitted till 27. 8. 1994.

(3.) THE complainant approached Legal Aid Cell in Patiala House for seeking help for agony which was caused to him due to the operation. The complainant was sent to G. B. Pant Hospital again. He was again examined by Dr. U. A. Kaul, who had given a wrong report in the year 1988 based on which the unsuccessful operation was carried on by Dr. M. L. Sharma. According to the complainant O. Ps. were very deficient in services and due to negligence, carelessness his life has become a virtual hell. Due to the said operation, the complainant has become totally disable to undertake any kind of work.