PRABHA SHANKAR OJHA Vs. NEELMANI RAI (DR.)

JUDGEMENT

(1.) Petitioner herein, who was the complainant before the District Consumer Disputes Redressal Forum, Buxer (hereinafter referred to as the District Forum for short), has filed the present Revision Petition against Order dated 23.5.2005 passed by the Bihar State Consumer Disputes Redressal Commission, Patna (hereinafter referred to as the State Commission for short) whereby and where-under, the State Commission has set aside the Order passed by the District Forum in Complaint No. 95 of 2004. District Forum had awarded a sum of Rs. 19,47,000 to the petitioner to be paid by the respondent for medical negligence.

(2.) Briefly stated, the facts of the case are:

(3.) Respondent, on being noticed, appeared before the District Forum and filed her written statement. Respondent, in the written statement, took the plea of confirming the treatment of Malaria. It was contended that simply because some other Doctor might have prescribed some other medicines cannot be said to be negligent act and deficiency in service on his part for want of care. That there was even iota of evidence of Medical Expert or Medical Practitioner in support of the contention that respondent did exercise due care and caution in giving treatment to the petitioner or was negligent in any other way.