ASHA SAHNI Vs. VINOD KUMAR & ORS

JUDGEMENT

(1.) THIS appeal is directed against the order dated 26.8.2002 passed by the District Consumer Disputes Redressal Forum, Hisar, vide which the District Forum has accepted the complaint of the complainant, awarded an amount of Rs. 2 lacs on account of death of child in womb and Neelam Rani wife of the complainant due to negligence of the appellant/opposite party No. 1.

(2.) THE brief facts of the case are that in the year 2001, wife of the complainant Smt. Neelam was pregnant and was to deliver a child. She was under the observation of the appellant/opposite party No. 1 from the date of conceivement. It was on 15.11.2001, the respondent asked the wife of the complainant No. 1 to meet the opposite party No. 2 for ultrasonic testing to be conducted by the opposite party No. 2 and the complainant No. 1 in the evening took the said Neelam to the opposite party No. 2 and some testing was conducted who gave report that the heart activity of the child in womb was abnormal. The complainant No. 1 in the evening took his wife to the clinic of the opposite party No. 1. The opposite party No. 1 after going through the reports did not take the matter seriously. Opposite party No. 1 admitted Neelam in his hospital and took the charges of the hospital and further assured the complainant that the delivery of the child will be around in mid -night. The opposite party No. 1 made the delivery of the expired child at about 3.00 a.m. but after having some deliver of the chilled and when that child was in the process of deliver the respondent No. 1 said to the complainant as the case of delivery of child has been spoiled so the respondent No. 1 left Neelam to face her fate as there was no facility to attend such complicated circumstances of delivery. Thereafter, respondent No. 1 asked the husband of the complainant to take Neelam and the unborn child to the hospital of respondent No. 3 at 4.00 a.m. on 16.11.2001. The further allegation of the complainant is that respondent No. 1 has not arranged any vehicle or ambulance so that the patient could be shifted to other hospital, where major operation was conducted upon the body of Neelam, which resulted into a delivery of dead child. Thereafter, respondent No. 3 Dr. Anita Goswami assured the complainant No. 1 that there is no harm to the body of the patient and moreover there is infection and septic to the said Neelam. The patient remained admitting in the hospital of respondent No. 3 upto 18.11.2001, but it was unfortunate that the patient Neelam went into deteriorated condition and died on 19.11.2001 at about 5.00 p.m. It was under these circumstances, the complainants alleging the negligence on the part of the respondents invoked the jurisdiction of the District Forum by filing the present complaint.

(3.) UPON notice respondent No. 1 contested the complaint by filing the written statement. In the written statement filed, respondent No. 1 denied all the allegations levelled in the complaint and stated that complainant was responsible for the death of the patient Neelam and his chilld. It was further stated that respondent No. 1 took all the necessary steps during the hospitalization, but the patient was not in good health as her B.P. was not of normal because of short gap of the earlier delivery and her foetus was not in good health.