Decided on March 17,2006

M.M.Bagati (Dr.) Appellant
NIHAL SINGH Respondents


J.D.KAPOOR,J - (1.) THIS case demonstrates the plight of a poor person who lost his three months old child as he could not afford the fees of a Nursing Home, could not get a bed at AIIMS and when taken to another Government Hospital viz Dr. RML Hospital was referred to Kalawati Saran Hospital and in the process the child breathed his last there. Poor child was treated like a rolling stone and a shuttlecock.
(2.) ON account of death of a three months child due to renal failure because of overdose of medicines prescribed by the appellant doctor to whom the child was first taken, the District Forum vide impugned order dated 3.10.2000, has directed the appellant to pay Rs. 1,00,000 as damages for the trauma and suffering undergone by the respondent and his family and Rs. 50,000 towards the cost of the treatment of the child at different places and also for connected expenses and Rs. 2,500 as cost of litigation.
(3.) FEELING aggrieved the appellant has directed this appeal under Section 17 of the Consumer Protection Act, 1986. Case of the respondent -complainant in brief is that the child named Rishabh aged 3 months fell ill on 6.9.1998 and was taken to the appellant on 7.9.1998 for treatment. He remained under his treatment from 7.9.1998 to 12.9.1998 but when he did not improve, the appellant changed the medicines and advised for taking medicines for another three days. Unfortunately on 14.9.1998 i.e., after two days, the abdomen of the child started swelling. He was again taken to the appellant who gave some medicines for vomiting and told that the child would be all right. However, the condition of the child did not improve and rather started worsening. When he took the child to the appellant he got annoyed and told him that if he did not have faith in his treatment, then he could take his child elsewhere for treatment.;

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