BHARAT PATHOLOGY LABORATORY vs MANGI LAL VYAS

R.P. No. 699 of 2003 filed by petitioner M/s. Bharat Pathology Laboratory aggrieved by the order dated 2.12.2002 dismissing their appeal by the State Commission, Madhya Pradesh. The petitioner is the opposite party in the original complaint filed by Mr. Mangi Lal Vyas in the District Forum, Gwalior in Case No. 733/2000 whereby the complaint was allowed and the petitioner was directed to pay compensation of Rs. 5,000/- to the respondent.

BRIEF facts of the case : The complainant/respondent had to undergo an operation and accordingly his blood group was tested by the petitioner. Two tests were conducted by the petitioner for the same but different blood groups were recorded by them. The respondent''s contention is that the wrong grouping of blood could have brought serious complications since there was a contingency of transfusion of blood to the respondent. Both the Fora had come to concurrent finding that giving wrong reports is a case of medical negligence and accordingly compensation of Rs. 5,000/- was ordered to be paid. This matter came up for admission and at that stage itself the arguments of the petitioner were heard and the matter was reserved for orders on 13.3.2003. Meanwhile, it was brought to our notice that the matter has been settled between the parties in the light of District Forum''s order dated 20.3.2003. Accordingly, the case is dismissed as withdrawn. Revision Petition dismissed.