M. THANIKACHALAM J. - (1.) The complainants before the District Forum, unable to succeed in their claim, have come to this Commission as appellants.
(2.) Tmt. Tamilarasi (deceased), is the wife of the 1st complainant. Complainants 2 and 3 are their children. Tamilarasi, who was suffering from kidney problems, approached the 1st opposite party, in the month of May 1997, for treatment. They advised after checking, for kidney transplantation, for which they have also admitted her as inpatient, in the hospital. At the request of the opposite parties, four persons were brought to hospital one by one, for donating kidney. After checking, the 1st opposite party declared the fourth donor, viz. Ms. Susila, as the fit person for donating kidney, despite objection of the 1st complainant.
(3.) The 1st opposite party transplanted the kidney of the 4th donor, to Tamilarasi on 23.9.97, by operation. The transplanted kidney was not functioning, despite dialysis treatment was given from 25.9.97. Therefore, the opposite parties have decided to remove the transplanted kidney, by operation and accordingly the same was removed on 21.10.1997. Due to continuous oozing of blood from the body, Tmt. Tamilarasi died on 10.11.1997. Only because of the negligent act and deficiency and inefficiency in service of the opposite parties, death caused to Tamilarasi, thereby causing mental agony, hardship, torture, inconvenience and unnecessary expenses to the complainants. Therefore, complaining negligence, compensation was demanded, for which there was no proper reply. Hence a claim was made for the compensation of Rs.4 lakhs, in addition to recovery of the sum of Rs.50000/-, paid as charges to the hospital.;