- (1.) BOTH these appeals arise out of one judgment and order in the case of Sh. Budh Ram Singh, complainant for claim on alleged medical negligence of Dr. N. Gulati. Dr. Gulati, appellant in one of the appeals. Therefore, both the appeals have been taken together for disposal. The appeal of Dr. N. Gulati is to be treated as leading appeal. A copy of the judgment shall be placed in the records of both the appeals separately.
(2.) BUDH Ram Singh, the complainant was wedded with his wife Smt. Jeevan Kaur. Earlier Smt. Jeevan Kaur has got two children but on 27.3.97, she had a pregnancy of about 14 weeks. She had got some problems. The complainant, therefore, along with his will preferred to consult Dr. N. Gulati, the appellant on 27.3.97. Dr. Gulati advised her for ultra -sound, which she got from the Dhanwantri Ultra Sound on 27.3.97. It is said that Dr. Arun Goyal of Dhanwantri Ultra -Sound Centre in formed that there is a rasa Ii in the head of the child in the pregnancy and the child should be taken out by abortion. According to the complainant, Dr. Gulati got the victim admitted in her nursing home on 28.3.97 and started giving medicines for abortion. It is further alleged that in the night of 30.3.97 at about 1 :00 AM. she in the night of 30/31.3.97 at 1:00 A.M.) the abortion was done by the help of Vaccume machine. The condition of the victim deteriorated and on request, Dr. Gulati always told that the condition is within her control. On 3.4.97 Dr. Gulati called Dr. D. N. Taneja for the examination of the victim. Again, on 5.4.97, she called Dr. Vadera. On 6.4.97, she advised for xray and there was x -rayon 6.4.97 itself. In para 11 of the complaint, it is alleged that the left foot of the victim was not being raised and it is on 7.4.97 that there was a paralysis to the victim due to wrong treatment by the doctor. She referred the victim for examination and treatment in All India Medical Institute. Again, Dr. Gulati referred the victim for examination and treatment to Ram Krishan Sevashram. Ram Krishan Sevashram advised for CT Scan. On 10.4.97, there was CT Scan of the victim in Dehradun. On 10.4.97 itself at 10.30 P.M., the victim died in Ram Krishan Hospital. It is alleged in para 14 of the complaint that the death occurred due to negligence of doctor Gulati and also because her instruments were not properly sterilised. It is further said that Dr. Gulati operated the victim negligently which caused Cepticimia and Paralysis to the victim. It is to be noticed that earlier to para 14 of the complaint, there was no allegation of cepticimia for negligence, it is only in para 11 that a reference has been made for improper treatment. It is alleged in para 15 of t!1e complaint that Dr. Gulati took a sum of Rs. 25,00/ - as operation charges and the complainant spent Rs. 25000/ - on medicines. In her statement, Dr. Gulati has admitted that on 27.3.97, the complainant had come along with his victim in OPD. He was advised again to visit on 28.3.97 but instead, he came on 29.3.97 at 10.40 A.M. The doctor started giving proper treatment to stop bleeding. It is further alleged by the opposite party that there was automatic abortion at the time alleged by the complainant operates as such were used. The consultation of Dr. Taneja and Or. Vadera is also admiti:ed. It is alleged that in the morning of 3.97, the'victim was relieved and she went out all on foot. It is said that on 3.4.97 and 5.4.97 and again on 6.4.97, the victim appeared in the OPO. On 7.4.97, the victim was brought on the OPO and there the complainant was directed to get the victim treated in All India Medical Institute but she preferred to get herself admitted in Ram Krishan Hospital in Haridwar itself. The other facts as alleged in petition have been denied.
(3.) FROM the evidence on record, it is apparent that the complainant has filed his affidavit in support of his allegations whereas the opposite party Dr. N. Gulati has filed her own affidavit and affidavit wit of one Shri Vijay Kumar, her assistant compounder. Besides these affidavits, the parties have filed certain documents. After hearing the parties the learned Forum allowed the petition and granted a compensation of Rs. 2 lakhs and also the medical expenses of Rs. 15,000/ - and cost of litigation of Rs. 2000/ -.;