Decided on November 28,2006

Khazani Devi And Ors Appellant
Arun Theraja And Ors Respondents


- (1.) THIS complaint has been instituted by the legal heirs of the deceased Mr. Bale Ram, against the O.P. 2 hospital and O.P. 1 the operating doctor on account of whose negligence the deceased expired during the operation and have claimed Rs. 18,18,676 with 18% interest as compensation and Rs. 9 lacs as damages with pendente lite interest and costs.
(2.) CASE of the complainant, in brief, is that on 25.11.1995 he developed some pain in his throat and to get the proper medical treatment and checking drove his two -wheeler scooter along with his wife, complainant No. 1 and reached ENT Shardha Gynae Centre, O.P. No. 2 located at J -9, RBI Colony, Outer Ring Road, Paschim Vihar, New Delhi between 1.00 p.m. and 1.30 p.m. He was examined by Dr. Arun Theraja, O.P. No. 1 in the said hospital and the doctor after examining the deceased informed the complainant No. 1 and the deceased that there was some blockage in the throat of the deceased and some minor operation will have to be undertaken in order to remove the blockage in the throat and further the throat pipe needed to be thorougly cleaned and the deceased will be all right within half an hour. The complainant No. 1 and the deceased requested the doctor to carry on necessary medical treatment. The OP No. 1 asked the wife and son of the deceased to wait outside without informing the progress of the deceased. The doctor in reply to query made by Mr. Dharam Chand scolded all of them. All of them enquired from the Mata Chanan Devi hospital about the condition of the deceased and they were informed at about 5.20 p.m. that Mr. Bale Ram was dead and no more in this world.
(3.) THAT it is pertinent to point out that after the said operation the deceased was profusely bleeding and there was no stoppage of bleeding and the O.P. 1 at that time did not apply any medicines or treatment to the deceased in order to stop the blood. In the evening when the deceased who was already dead, was shifted to Mata Chanan Devi hospital, C -1, Janakpuri, New Delhi where he was declared having been brought dead. It is, therefore, alleged that the O.P. No. 1 performed the operation in a most casual manner and without due care and caution to his profession and without giving proper medicines before the operation and, therefore, O.P. No. 1 is guilty of gross negligence in attending to the deceased. The death of the deceased has occurred due to the rash and negligent act of O.P. 1.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.