SUPERINTENDENT, GOVERNMENT GENERAL HOSPITAL Vs. GANJI MANIKYAMMA

JUDGEMENT

(1.) The appellant is the unsuccessful 3rd opposite party in CC 168/2004 on the file of the District Forum II, Krishna District at Vijayawada, where under, an order dated 06.11.2006 was passed directing the third opposite party to pay a sum of Rs.one lakh on the ground of medical negligence by the Ops 1 and 2 Doctors employed in its hospital. The impugned order is assailed as erroneous and contrary to the facts and evidence under law.

(2.) The facts of the case disclose that the complainants are the family members of Late Immanuel who was the bread winner to the entire family. That on 02.11.2003 Immanuel fell sick at about 2.00 PM so he was taken to Government General Hospital, Vijayawada for giving treatment but he was not allowed to enter into the hospital. The attendants have paid user charges and on that he was admitted in the verandah of the hospital but no treatment was given immediately. The doctors demanded amount to give treatment. The family members were anxious of the health so they paid Rs.300/- which was accepted by the opposite parties 1 and 2. The appellants treatment was commenced at 5.00 PM but the patient succumbed at 5.00 PM. The death of the patient Immanuel was due to lack of proper care and treatment which amounts to medical negligence and deficiency in service. Hence the complainants are entitled for compensation to a tune of Rs. 2 lakhs with additional compensation of Rs.one lakh for mental and costs.

(3.) Originally, the complaint was filed against Opposite parties 1 to 3 and later as per the orders in IA 189/2004, the 4th opposite party, by name, Dr. Ch. Sudhakar was also added as proper and necessary party.