MANOJ KR BHAGAT Vs. MASOMAT KANCHAN DEVI
LAWS(NCD)-2020-6-25
NCDRC
Decided on June 18,2020

Manoj Kr Bhagat Appellant
VERSUS
Masomat Kanchan Devi Respondents

JUDGEMENT

S. M. Kantikar, J. - (1.) This commission vide its order dated 01.06.2016 allowed this Revision Petition and set aside the orders of both the fora below (State Commission and the District Forum), consequently dismissed the complaint. Being aggrieved the Complainant challenged the order of this commission before Hon'ble Supreme Court by filing Special Leave Petition(Civil) No.27633 of 2016.
(2.) The Hon'ble Supreme Court remanded this Revision Petition vide order dated 28.3.2018 with the following observations: "The matter has been called out twice. No one present on behalf of the respondent despite service. We find that the Bench hearing the case of medical negligence did not have any Doctor as a Member of the Bench. In our opinion, since there are concurrent findings of medical negligence, it would have been appropriate Bench which includes medical Doctor. The special leave petition is disposed of. Pending application, if any, are disposed of." 1. Briefly stated facts are that on 5.10.2006, the complainant Ms. Mosamat Kanchan Devi took her husband late Naresh Ram Rajak (for short "the patient") to the clinic of Dr. Manoj Kumar Bhagat (OP).Malaria was diagnosed and OP prescribed the medicine for malaria, but, there was no relief to the patient. Therefore on 9.11.2006 complainant again took her husband to the OP who prescribed few medicines on the same previous prescription letter and told that the patient will be all right. But, in spite of consuming medicinesthe condition of patient went on deteriorating. Then on 25.11.2006 and 29.11.2006 complainant went to the OP with a request to refer the patient to somewhere, but the OP doctor told that no need of any referral. He prescribed some other medicines and advised to eat milk, egg etc.Being not satisfied, on 29.11.2006 she took the patient to Dr. N. N. Mandal, wherein Hepatitis was diagnosed and Dr. N. N. Mandal referred the patient to RIMS, Ranchi on the same day but on way to Ranchi the patient expired. Being aggrieved due to the alleged negligent treatment causing death of her husband, she filed a consumer complaint before the District Forum, Chatra in Jharkhand. She also registered an FIR and filed a protest petition before CJM, Chatra. 2. The OP/Petitioner filed written version and denied the negligence. He submitted he is qualified as M.D. and employed as Medical Officer at additional primary health center, Gidhour, Chatra. He uses to do consultations in the evening at Bala Jee Medical Shop at Awal Muhalla. On 5.10.2006 the patient came to him with complaints of fever and cough. His blood test for malaria was positive, therefore the patientadvised to take medicines for malaria. Then, the patient came to him on 9.11.2006 and stated that he is feeling better, therefore petitioner advised vitamin (cobadex forte) for eight days. Thereafter, the complainant visited the OP on 25.11.2006 and 29.11.2006. OP further stated that the prescriptions dated 25.11.2006 or 29.11.2006 were false and fabricated; manufactured by the complainant.
(3.) On hearing the parties the District Forum allowed the complaint and awarded Rs.1 lakh with 12% interest per annum as compensation to the complainant to be directly by the OP. The OP- doctor appealed before the State Commission, it was dismissed and the order of District Forum was affirmed.;


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