ARCHNA Vs. TARUN KUMAR VOHRA

JUDGEMENT

(1.) IT appears to be a very hard and pathetic case. In spite of having been subjected to ultra sound examination the respondent doctor is alleged to have not detected congenital anomaly in the limb of the unborn child and as a result the appellant-woman gave birth to a male child whose left upper limb of forearm was missing. The child is now a handicapped child and has to live for whole of life without the forearm. Feeling aggrieved the appellant filed the instant complaint before the District Forum seeking compensation of Rs. 10 lacs.

(2.) HOWEVER, vide impugned order dated 12th September, 2005, passed by the District Forum, the complaint was dismissed on the ground that anomaly of limbs is congenital anomaly and opinion of Diwan Chand Satya Pal Aggarwal Imaging Research Centre in respect of some other person that 'the anomalies in relation to foetal heart and limbs are extremely difficult to detect due to constantly changing position of foetus and overlapping of its various parts' and also on the basis of ultra sound report dated 26. 3. 2003 of LNJP Hospital which does not show congenital anomaly.

(3.) FEELING aggrieved appellant has preferred this appeal.