M.THANIKACHALAM, J. - (1.) The first opposite party in C.C.192/2000 on the file of the District Consumer Disputes Redressal Forum, Chennai [North], having suffered an adverse order dated 18.01.2010, challenges the same in this appeal on various grounds.
(2.) Factual matrix: The complainant?s/first respondent?s wife by name Smt.Parameshvari herein after called "Patient", who was pregnant for the second time, approached the first opposite party, for treatment and after conducting several tests, diagnosing the problem as Malaria, she was admitted in the hospital for further treatment on 22.09.99 at 11 a.m. In spite of treatment given, fever could not be brought under control and therefore, for further treatment, the patient was referred to the second opposite party, along with the case summary.
(3.) On 24.09.99, she was admitted in the second opposite party?s hospital, but died on 25.9.99 itself, due to severe jaundice, which was not at all diagnosed by the first opposite party. If the first opposite party had detected the jaundice, the mischief could not have happened. Even within 24 hours of the discharge from the first opposite party?s hospital, since died due to severe jaundice, that would disclose the jaundice was not at all detected much less treated by the first opposite party, which should be construed as negligence and deficiency in service. Because of the improper diagnosis and half hearted treatment given to the complainant?s wife, she died, leaving the complainant and a child without proper care and protection, thereby causing mental agony. The complainant also paid a sum of Rs.5,000/- towards hospital charges, including for tests, Ambulance charges. For the negligence and deficiency committed, which had taken away the life of the patient, causing mental agony, a consumer complaint is filed, claiming a sum of Rs.4,75,000/-.;