M.THANIKACHALAM, J. - (1.) The opposite parties having suffered an adverse order in OP.61/2009, on the file of the District Consumer Disputes Redressal Forum, Salem on 29.05.2008, wherein, directions were given to pay compensation of Rs.5 lakhs with costs of Rs.3,000/-, challenges the same in this appeal.
(2.) Factual matrix necessary for just decision of this case:- The complainant?s husband by name Kanagaraj herein after called ?Patient? was admitted, on 09.07.98 in the hospitals of the second opposite party, which is run by the first opposite party, since he was suffering continuously head ache, stomach pain and vomiting. As requested by the opposite parties, on payments, necessary tests were taken, treatment commenced, which were not at all satisfactory. The opposite parties, without taking the scan to diagnose the problem, continued the treatment under some presumption that should be construed as negligence. Because of the non-diagnoses of the disease and improper treatment, the health condition of the patient became deteriorated, even causing swelling of left cheek, left side head, neck and despite questioning no proper answers were given. Relatives were not informed about the condition. The request of the complainant to diagnose the disease properly, to take, if necessity areas, MRI scan also was ignored.
(3.) The wrong diagnose and wrong deficient treatment, amount to deficiency in service, caused the body of the patient became bluish, blood was oozing and finally he died on 12.09.98. Questioning the treatment, claiming damages to the extent of Rs.15 lakhs, restricting the same to Rs.5 lakhs, legal notice was issued, for which, a false reply was given, justifying their deficient treatment. Because of the death of the husband at the young age, the complainant was put to mental agony and other loses, for which, she is entitled to a sum of Rs.5 lakhs as compensation. Hence, the claim.;