MANJUNATHA PATHOLOGY LABORATORY & ANR Vs. MEENAKSHI

JUDGEMENT

(1.) PETITIONER was the opposite party before the District Forum, where the respondent has filed a complaint alleging medical negligence and deficiency in service on the part of the petitioner.

(2.) UNDISPUTED facts of the case are that the complainant got her blood tested from the petitioner's Pathology Laboratory, who gave the report of the complainant being HIV Positive. It was the case of the complainant that the petitioner kept advising that he is ready to give treatment for HIV disease. However, when the complainant was not particularly impressed with the outcome of the report, she got her blood tested again from the Government Hospital, Channarapatna, Hassan District, where report dated 13.2.078 clearly showed that HIV is negative. It is in these circumstances that a complaint was filed alleging medical negligence on the part of the Petitioners. The matter was contested by the petitioner. However, the District Forum, after hearing the parties dismissed the complaint. Aggrieved by this order, an appeal was filed before the State Commission, who allowed the appeal and directed the petitioner to pay a compensation of Rs. 25,000 within a period of three months and in case of non -payment it was to carry interest @ 6% from the date of passing of the order. Hence this revision petition before us.

(3.) WE heard the learned Counsel for the petitioner and perused the material on record. Basic facts are not in dispute that the petitioner Manjunatha Pathology Laboratory, gave the report clearly showing as HIV 1 and 2 Positive, whereas the subsequent report by the Government Hospital, Hassan District brought out to the report clearly stating the factum of the patient being HIV Negative, thus, clearly belying the first report brought out by the petitioner. We like to reproduce "Halsbury's Laws of England - Vol. 26 (3rd Edition) Pages 17 - 18", which reads as follows: