PUSHPA VYAS W/O LATE RAMESH CHAND VYAS Vs. SAJJAN DAGA & ORS, DISTRICT MEDICAL OFFICER GOVT BANGAR HOSPITAL, PALI RAJASTHAN

JUDGEMENT

(1.) Aggrieved by the order in Consumer Complaint No. 25 of 2003 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short "the State Commission"), the Complainant preferred this Appeal under Section 19 of the Consumer Protection Act (in short "the Act"). By the impugned order, the State Commission has dismissed the Complaint holding that there was no negligence on part of the Opposite Parties.

(2.) The facts material to the case, are that the Complainant's husband (hereinafter referred to as "the patient"), Commissioner Municipal Council Pali, on 08.06.2001 at about 10:15 p.m., met with a road accident and was seriously injured. He was taken to the second Opposite Party- Government Bangar Hospital (hereinafter referred to as "the Hospital"), where he was admitted in the Trauma Ward. It was pleaded that despite repeated requests from the relatives and attendants, Ultra Sonography and other necessary pre-investigative tests were not performed and the diagnosis was not even explained to the Patient. It was only on 10.06.2001, that the Ultra Sonography was done and the patient was referred to Mahatma Gandhi Hospital, Udaipur where the doctors tried their best to save the patient by performing surgery, but despite their best efforts he expired on 11.06.2001.

(3.) It was averred that the patient's injuries were treated in a casual and negligent manner without the necessary care and caution which was required to be exhibited in such a case of accidental injury. The Sonography machine at the Hospital was out of order; the doctor was on leave; the patient was given routine general medicines and pain relievers, namely, Rantac and Dicloran; the doctor was not available from 08.06.2001 to 10.06.2001; being the District Medical Officer, the doctor did not take precautionary measures by making alternative arrangements for conducting immediate Ultra Sonography test or referring the patient to a higher management centre, which tantamounts to dereliction of duty on the part of the Opposite Parties.