YADRAM Vs. SATISH CHATURVEDI

JUDGEMENT

(1.) This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 for the enhancement of compensation against the order dated 29.06.2005, passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (for short, "the State Commission") wherein the appeal No. 2195 of 2004, filed by the petitioner/complainant, was dismissed.

(2.) The brief facts are that the complainant's young energetic son (for short 'patient') had suffered fever on 14-04-2003 and at 7.30 p.m. on that day, he was taken to the clinic of Dr. Satish Chaturvedi, the OP. The OP, without examining the patient, administered two injections and a bottle of glucose. Immediately after that, red patches appeared on the whole body of the patient, which later turned into boils. The patient was sent back to his house by the OP. On the same day, at about 09:30 P.M., the condition of the patient further deteriorated and the complainant took his son to the clinic of OP, but it was closed. He made telephonic call from the nearby Shipra Medical Store and apprised the OP about the condition of the patient. The OP asked the sale person in the medical store to hand over two tablets to the complainant. The patient consumed two tablets and came back home but at about 3.30 a.m. the condition of the patient became critical and he was taken to SMS Hospital, Jaipur, where he was declared "dead". Postmortem was also conducted and FIR was registered with the police. Therefore, the complainant filed a complaint before the District Forum, Jaipur for alleged medical negligence on the part of the OP and prayed for compensation at Rs. 15,00,000/- along with interest at the rate of 18% per annum and Rs. 2,00,000/- for mental agony and Rs. 21,000/- towards litigation charges.

(3.) The OP filed the reply and denied the allegations leveled against him. The OP admitted that the patient was brought to him with high grade fever. After examination, he was found as suffering from Gastroenteritis, pyrexia and there were rashes on the body due to drug reaction. Before approaching the OP, the patient took treatment from "Rs. 5 wala" doctor. The OP also contended that only after diagnosis; anti-emetic and anti-allergic injections were administered and patient was sent home. The OP submitted that, as per the PM report, the patient died due to Quinine toxicity and cardiac arrest.