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Judgment
SURESH Kumar has alleged that his father Baldev Singh who was complainant No. 1 in the original complaint was suffering from some pain (in stomach) and he was examined at Arya Hospital-cum Daulat Ram Memorial Medical Centre, Manimajra, Chandigarh, on 26.7.1996. Several medicines and injections were administered on a prima facie finding that the patient had liver problem and jaundice. After 16 or 17 days Baldev Singh was examined at some other hospital known as City Medical Centre, Sector 10, Panchkula and C.M.C. Chandigarh, where it was detected that he had cancer in the liver. It has been alleged that had it been detected and reported by the respondents earlier his life could have been saved. He was 52 years, employed as a mate in the Military Engineering Service, getting a salary of Rs. 3,161/- p.m. besides other benefits. It has been averred that a sum of Rs. 50.000/- was spent for treatment of the patient, despite all this his life could not be saved and he died on l.l0.1996. In all a sum of Rs. 8.34.000/- had been claimed as damages.
THE respondent Nos. 1 to 4 have filed a reply wherein it has been averred that the complainant did come to the hospital of the respondents on 26.7.1996 and after a couple of tests like ultrasound, position of the liver, gall bladder, kidneys etc. was examined and a report was prepared the same day. At that time only enlargement of liver with rounded borders was noticed and no focal lesion was visible. According to the position at that time the medicines were prescribed and the complainant was advised to stay in the hospital as an indoor patient but against this medical advice Baldev Singh left the premises. THEreafter he was treated in City Medical Centre, Panchkula as is evident from the documents brought by complainant son on record and never met the respondents after 2.8.1996 Cancer is a disease, which spreads very fast especially when it is in liver. According to the ultrasound report dated 26.7.1996 there was no indication of liver cancer. It has been averred that the respondents are not liable to pay any compensation in this regard. A perusal of prescription Annexure C-2 shows that on 26.7.1996 Baldev Singh was examined by Dr. V.K. Arya and after ultrasound he was specifically advised to stay as an indoor patient. However in disobedience of this advice Baldev Singh went away. This goes to show that Baldev Singh came as a casual patient and position of cancer in the liver was not noticed on 26.7.1996 vide Annexure C-4. The relevant part of the report is reproduced as under: "Liver is slightly enlarged in size with rounded boarders and Homogenous Echotecture intra hepatic bilar radials are normal. No focal lesion seen."
A perusal thereof shows that there was no positive sign of cancer at the time the patient was examined by the respondents. Quite probable that if the patient had stayed indoor the correct position could have been known and detected in a subsequent test but as seen above Baldev Singh left the premises of the respondents against the medical advice. The complainant has not examined any other doctor by whom Baldev Singh, his father was examined. Had the complainant examined any medical practitioner then only it could be said that the evidence of Dr. Arya has been rebutted firmly. Baldev Singh was an employee of Military Engineering Department. There is also a Command Hospital in the vicinity as transpired during the course of arguments. The complainant has not brought on record what treatment the patient received and where during the period 2.8.1996 till 1.10.1996. It goes to show that material evidence has been withheld. A short visit by the patient on 26.7.1996 to the Arya Hospital, Manimajra, could not fasten the respondent with the alleged deficiency which could render them liable for compensation or damages in this case. The conclusion is that the complaint fails and is hereby dismissed. Complaint dismissed.