VADLAMUDI NAGESWARA RAO Vs. KONERU GANGADHARA RAO

JUDGEMENT

(1.) THIS appeal has been filed by the unsuccessful complainants in C.D. No. 72/1998 on the file of District Forum, West Godavari at Eluru.

(2.) THOUGH the appeal underwent number of adjournments neither party was present. On 13.6.2003 both sides were not present, hence it was posted for dismissal on 16.7.2003. Even on 16.7.2003 neither party was present, hence it was reserved for orders. Since 16.7.2003 till today we have waited in the hope that the appellants will come forward to argue but in vain.

(3.) THE complaint was filed with a request to direct the opposite party doctor to pay Rs. 5,00,000/ - along with interest at 12 per cent and costs for the negligence and deficiency in service. The wife of the first complainant and mother of the second complainant, Smt. V. Durga Kumari, aged 34 years was admitted in the opposite party nursing home on 13.8.1997. It is alleged that the doctor had started a branch hospital in Bapulapadu Village and as such he was busy and the patient was looked after by a nurse on the instructions of the opposite party doctor. At the time of admission the doctor referred the patient for certain tests and the result was negative for both Malaria and Typhoid, in spite of that the patient was given drugs for Malaria and Typhoid which resulted in kidney failure and she died on 18.8.1997. It is also alleged that the opposite party doctor collected Rs. 2,000/ - on 15.8.1997 and 17.8.1997 respectively and total expenses came to Rs. 50,000/ -.