M.THANIKACHALAM, J. - (1.) This appeal aims to upset the order of the District Forum, Salem, in CC.No.8/2009 dt.31.3.2010, wherein a direction has been issued, against the opposite party, to pay a sum of Rs.5 lakhs as compensation, in addition to another sum of Rs.25000/- towards mental agony, with cost.
(2.) The complainant/ respondent?s wife was taking treatment with one Nalini Sridhar, and thereafter in ANRS Clinic with Dr.Dhanalakshmi. On 31.8.2007, when the complainant took his wife to Dr.Dhanalakshmi, since his wife had delivery pain, the doctor advised the complainant to take his wife to the opposite party hospital, since she requires immediate attention, despite the request of the complainant that they can go to Dr. Nalini Sridhar, where they have already taken treatment.
(3.) The opposite party demanded Rs.2000/- at the initial stage, when the complainant admitted his wife at about 2.00 a.m, then further demanding a sum of Rs.10000/-, in order to perform operation, for which the complainant had given undertaking. At about 4.30 a.m, the complainant was informed that his wife gave birth to a dead male baby. At about 6.30 a.m, the complainant?s wife was normal, and she had also taken tea. Complainant requesting her relative to be present by the side of the wife, took the dead baby for burial, and on return he came to know that his wife died at about 5.30 am, which should be incorrect, since he has given tea to his wife at about 6.30 am. Because of the negligence and deficiency in service on the part of the opposite party, in not attending the patient properly, and not taking any serious steps, the complainant?s wife died, causing mental agony and other losses to the complainant, which should be compensated by the opposite parties, and the same is quantified in all at Rs.19 lakhs. Hence the complaint.;