JUDGEMENT
J.D.KAPOOR,J -
(1.) COMPLAINANT was operated for Sub -acute internal obstruction, KOCHs abdomen and Ileostomy on 25.3.2004 at
Safdarjung Hospital. She developed some pain in the same portion and was
admitted in the hospital on 14.4.2004 and was discharged on 19.4.2004.
However on the recommendation of the Ministry of Health and Social
Welfare, Government of NCT of Delhi she was admitted by the OP into free
ward/ICU for medical treatment. On 4.8.2004 she was discharged with the
finding that illegal loops could not be separated and the contract is
seen passing into the colostomy bag makes it obvious that she was in
urgent need of medical treatment and care.
(2.) THERE are allegations that in spite of having advised that she needs admission and treatment but being a poor patient she was discharged
and within two days she developed pus.
(3.) EVEN if the allegations are assumed to be correct, we deem that the amount of compensation to the tune of Rs. 45,50,000 has been
exaggerated in order to invoke jurisdiction of this Commission. This
tendency needs to be curbed. In our view for pecuniary jurisdiction
amount of compensation even if the complaint is allowed may not exceed
Rs. 20,00,000, as such we transfer the complaint to the concerned
District Forum for deciding it on merit. Complainant shall appear before
the District Forum on 4.9.2006.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned
District Forum and thereafter the file be consigned to Record Room.
Case transferred to concerned D.F. accordingly. ;
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