Decided on September 10,2003



MAMATA LAKSHMANNA,MEMBER - (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/ -. The opposite party in its version denied the allegations and stated that the patient was admitted on 13.8.1997 as an out -patient when she came with high fever, cough and chest pain. On clinical examination, the opposite party doctor diagnosed the problem as urinary tract infection or Malaria and, therefore, chloroquin and cifron were given and though the doctor advised the patient should be admitted, the deceased did not get admitted. She was only admitted on 14.8.1997. It is also stated that no fee was paid by the complainant as he was known to opposite party. The opposite party worked in Central Health Service in National Malaria Eradication Programme, as such he got adequate knowledge for treating Malaria. In fact, though Primaquin was prescribed, the complainant never brought it and hence it was not administered. On 14th and 15th October, 1997, the patient was given I.V. Cifron tablet, Calpol, I.V. Fluids with Canula. The first complainant himself never came to the nursing home except on 18.8.1997 when his wife died. The deceased died while coming from a clinical lab. at Hanuman Junction but not due to renal failure in the nursing home. The opposite party had also consulted and taken advice of Dr. Ammanna, a reputed Nephrologist of Vijayawada over telephone, hence there was no deficiency of service.;

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