::   O   R   D   E   R   ::

(BY Smt. K.Vinaya Kumari, Lady Member)

1.       The brief facts of the complaint are –

1.       The Complainant is a resident of Demikalan Village, Nizamabad district.  The opposite party is a private Medical Practitioner at Demikalan Village, Nizamabad district.  On 19.03.2011 at about 5 A.M the daughter of the Complainant G.Sneha aged 9 years, suffered with Stomach Pain and the Complainant and her husband had taken her to Dr.Jaligam Ashok Kumar a Private Medical Practitioner and got her treated and returned home at about 6 A.M.  The daughter of Complainant again complained Stomach Pain at about 2 P.M on the same day and immediately she was taken to Opposite party.  The Opposite party stated that her daughter was having fits and given her one injection and told her that she would not wake up for two hours.  The Opposite party went away to another Village on his work.  After noticing that her daughter was not having any senses after treatment, they took her to Jeevadan Hospital Kamareddy where the doctors declared her dead at about 3 P.M.

          The Opposite party has not properly diagnosed the Problem of the daughter of the Complainant and gave wrong injection.  The daughter of Complainant died due to wrong treatment given by Opposite party.

3.       The deceased is a child and any drug for a child should be calculated per Kilogram of body weight.  The deceased died due to over dosage. The Opposite party is not legally eligible to treat the undiagnosed condition with trail and error treatment and is not eligible to do therapeutic trails under foods and Drug Administration Act. The Complainant had reported the incident to the Police Tadwai who registered a case in Crime No.44/2011 U/s 304 (A) I.P.C and arrested the Opposite party and sent him to Judicial Custody.  After Complete investigation the Police Tadwai has filed charge Sheet against the Opposite party which is Pending for Trail before the Hon’ble Special Mobile Court Kamareddy.

4.       The Complainant minor daughter died due to wrong treatment given by Opposite party and as such the Opposite party is liable to Pay Compensation. The Complainant got issued legal notice on 06.09.2011 to the Opposite party.  Though the Opposite party received the notice failed to give any reply. Therefore the Complainant approached the Forum with a prayer to direct Opposite party to Pay Rs.5,00,000/- towards damages along with costs of the Complaint.

  Though served with notice the Opposite party called absent and as there is no representation the Opposite party was set exparte on 27.04.2012.

           During the enquiry the Complainant filed her affidavit in lieu of evidence and got marked Ex.A1 to A11 documents. Opposite party remained exparte.  Heard arguments of Complainant counsel and Perused the Judgments filed in support of his Version.

5.       The following Points arise for consideration:

1.      Whether there is deficiency in service on the part of Opposite party to the                     complainant?

2.       Whether the Complainant is entitled for any reliefs Prayed for?

3.       To what reliefs?

Point No : 1

          The Chief affidavit of Complainant along with First Information Report (Ex.A1), Crime Details Form (Ex.A2), Inquest Panchanama (Ex.A3), Post Morterm report (Ex.A7), Charge Sheet (Ex.A6), go to prove and substantiate the version of the Complainant that her minor daughter aged 9 years suffering from Stomach Pain was treated by Opposite party a Private Medical Practitioner and died after she was given an injection by Opposite party on 19.03.2011 at about 3 P.M.

          Now the question for discussion is whether the Opposite party a Private Medical Practitioner Practicing under Certificate of Private Medical Practitioners Association of India is eligible to treat patients.  Ex.A10 is the certificate of membership issued by the private Medical practitioners Association of India to the Opposite party showing that the Opposite party Sri.J.Ashok Kumar is the Member of the private Medical Practitioners Association of India.

6.       As per case law in case of Golla Nandayya Vs Kurva Ramulamma reported in 1999 ALD Pg No.141, practicing under a certificate issued by private Medical Practicing Association which is not competent at all to issue such a certificate was  illegal and the Practitioner was liable to Pay Compensation to the Patient. The Opposite party is not a qualified Doctor.  The very fact that unqualified persons attempted to render services of a doctor will amount to quackery. such practitioners are named as ‘Quacks’. Quack is a person who does not have knowledge of a particular system of medicine but practices in that system and a mere pretender to medical knowledge on skill.

          The Opposite party has acted in contravention of Sub – Section (2) of section 15 of the Indian Medical council Act 1956 and is Punishable under Sec. (3) of Sec 15 of Indian Medical Council Act.1956. In view of the discussion held supra and Judgment cited / referred above we are of the considered opinion that the opposite party practicing under Private Medical Practitioners Association of India is unqualified to practice.

7.      The Opposite party who is unqualified to practice as a doctor, treated the minor daughter of the complainant and due to the treatment given by the Opposite party the minor daughter of the complainant died and therefore there is unfair trade practice and deficiency in service on the Opposite party to the complainant.

Point No: 2 & 3

          In view of the reasons mentioned in point No.1 we are of the considered opinion that the complainant is entitled for reliefs prayed for. The minor daughter of complainant died due to wrong treatment given by the Opposite party. The Opposite party is directed to pay Rs.5,00,000/-(Rupees Five Lakhs only) to the Complainant  towards damages, mental suffering caused due to death of her minor daughter. The Opposite party is also directed to pay Rs.3,000/-  (Rupees Three thousand only) towards costs of complaint.  Accordingly Point No.2 & 3 goes in favour of the complainant.

8.       In the Result the complaint of the Complainant is allowed as under:

1. The Opposite party is directed to Pay Rs.5,00,000/- (Rupees Five Lakhs       only) towards damages to the complainant.

2)    And also directed to Pay Rs.3,000/- towards costs of the Complaint.

3)   The Opposite party is directed to comply with above said directions 1 & 2                      within One month of receipt of Order Copy.  

                    Dictated to Stenographer, Corrected and pronounced by us in the    open Forum on this the 25^th day of June 2014.