KAUSHALYA DEVI W/O HAKAM CHAND AND ORS Vs. KEWAL KRISHAN KAPIL SON OF BRIJ LAL KAPIL AND ORS
LAWS(HPCDRC)-2009-12-8
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on December 30,2009

Kaushalya Devi W/O Hakam Chand And Ors Appellant
VERSUS
Kewal Krishan Kapil Son Of Brij Lal Kapil And Ors Respondents

JUDGEMENT

- (1.) THIS appeal is directed against the order of District Forum Hamirpur, in Consumer Complaint No. 38/2006, dated 12.6.2008 whereby the complaint was dismissed by holding that the appellant failed to establish a case of medical negligence against the respondents.
(2.) FACTS of the case as they emerge from the complaint file are, that the appellant while doing domestic work, (tethering of buffalo) suffered thumb injury on her right hand at about 5:00 PM on 6.1.2005 and in order to take medical treatment at Zonal Hospital, Hamirpur she was looking for conveyance on roadside, when respondent No.1 who is a Ayurvedic Doctor, stopped his scooter and introduced himself as a Medical Officer and persuaded her to accompany him to the nearby clinic of respondent No.2 at Jhaniari Bazar proposing that she should take first aid to stop the bleeding and thereafter go to Surgeon at Zonal Hospital, Hamirpur. As such she accompanied by some ladies of the nearby locality including Smt. Sharda Devi of village Jhaniari, came with respondent No.1 to the clinic of appellant No.2. Here the appellant No.1 gave two injections to her and asked her to look the other side. Thereafter within a second he chopped off her right thumb from middle without her consent and without any medical necessity. And on being asked by the appellant as to why her thumb has been chopped off, she was quipped "Boboo Tijjo Kutee Dua Biah Karna Hai", (Sister, you don't have to marry for the second time.)
(3.) FURTHER averments in the complaint are, that the act of chopping off her right thumb was an act of medical incompetence, and lack of medical knowledge, which led to medical complications secondary infection (Bacterial) of thumb. Thus due to use of non sterilized instruments/material, the complications were severe. Therefore the appellant remained under treatment in Zonal Hospital, Hamirpur under the supervision of Dr. Vipin Sharma, Orthopedic Surgeon for a considerable period. Thus she remained under constant mental strain and pain and was not able to follow the ordinary pursuits of life and needed assistance in her day to day work. Her further case set out in the complaint was tht due to the acts of negligence of respondent No.1 with the active help of respondent No.2 she lost her vital part of her body, i.e. the right hand thumb, resulting in its being disfigured, as well as loss of its utility. Respondent No.1 charged Rs. 100/ - as his fees from the appellant's husband at his residence and also directed him to pay Rs. 166/ - to respondent No.2. There were other cases of medical negligence on the part of respondent No.1, was also set up as a plea for allowing the complaint. In this background, in the complaint under Section 12 of the Consumer Protection Act, 1986 compensation to the tune of Rs. 3 lacs have been claimed by the appellant.;


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