R.C. DWIVEDI vs MUKHERJEE SICK CARE NURSING PVT. LTD.

THE appellant engaged service of one nurse Ms. Praveen for his ailing sister Mrs. Shobha Shukla. THE patient was 65 years old and was bed-ridden due to serious illness. Merely because the said nurse left before schedule time of 8.00 a.m. on 31.7.2002 and the day duty nurse Mrs. Sarita did not turn up, the appellant sought compensation of Rs. 4,80,000/- as the patient died on that day. District Forum dismissed the complaint vide impugned order dated 11.2.2002 in Complaint Case No. 1814/2002 - entitled R.C. Dwivedi v. Mukherjee Sick Care Nursing Pvt. Ltd. Firstly on the ground that non-turning up of the nurse of the day duty did not have direct nexus with the death of the patient Mrs. Shobha Shukla and secondly that no proof of payment of Rs. 5,000/- made by the appellant to the respondent has been produced and thirdly that the whole dispute started when the respondent sent a bill of Rs. 7,718/- to the appellant on 2.9.2002 whereupon the appellant served a legal notice to the respondent.

EVEN if we assume that the nurse whose service was engaged for the patient did not turn up for day duty still the appellant is not entitled for any compensation as held by the District Forum. Absence of nurse from day duty was not a cause of the death of the patient. Service of the nurse is obtained for nursing and looking after the patient and not for a treatment, she is not a doctor who can save life of the patient. After perusing the complaint and reply and the material on record we find that the night duty nurse left little early and the day duty nurse did not turn. At the most the appellant is entitled to deduct one day''s charge paid to the nurse on duty. We do not find any merit in the appeal and dismiss the same.

The FDR if any deposited by the appellant be returned forthwith after completing necessary formalities.

A copy of this order as per statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal dismissed.