Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Medical service - Contention by OP I that medical services given by him were without any consideration and free of charge as such complainant cannot be regarded as consumers of the answering OP within meaning of Section 2(1)(d)(ii) of CP Act - Complaint claimed that at the time of admission of patient a sum..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Medical service - Necessary party - Non joinder - Plea that doctor who treated the patient initially not joined as party hence complaint bad for non - joinder repelled - Complainant has sought no relief against the said doctor and therefore not impleaded him - The complaint petition cannot fall on this ground...........
Medical negligence -- Compensation - The condition of the patient who was aged 16 years was serious on arrival to the hospital - Treatment commenced on the assumption that it was a case of Malaria of quinine resistant strain - No tests/ investigations were carried out to rule out other possibilities - For treatment with falcigo injections for five continuous days, the..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused allegedly committed murder of deceased by slitting her threat with `dao' - Son of deceased an eye witness to crime and gave graphic description of events which led to killing of his mother - He withstood test of grueling cross-examination and thus, no reason to disbelieve his testimony - Medical evidence confirmed..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused known to PWs1 and 2 - Accused named in FIR which was promptly lodged - Appellant pressed neck of deceased and threw acid on him - Manner of incident corroborated by post-mortem report - Statement of PWs1 and 2 consistent and natural - Their presence at the time of occurrence not doubtful - No reason that they will..........
Medical and ocular evidence -- Medical evidence takes precedence only where ocular testimony is inconsistent and unreliable...........
Indian Penal Code, 1860, Section 364, 300, 201 -- Kidnapping, murder and causing evidence to disappear - Body of deceased recovered from river - Medical evidence suggested that death was caused within three to four days of post-mortem examination - In face of post mortem report, accused persons apprehended earlier to date death of deceased warranting inference that there..........
Medical negligence -- Compensation - OP No. 1 - doctor did not bring to the notice of OP No. 2 doctor the existence of the appendicular lump which ex facie indicates negligence on her part - All through till the respiratory distress gained its footage the first OP had not bothered to consult the OP No. 2 who performed the surgery - The OP No. 1 thus rendered negligent..........
Medical negligence -- Compensation - Consent of the patient taken for conducting surgery and instructions issued for shaving the chest of the patient but surgery not conducted - What is the cause of not performing surgery not forthcoming from OP No. 1 and the patient died - OP No. 1 had rendered deficient service by not performing surgery on the husband of the complainant..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Two dying declarations - One before police and other before Magistrate - No material difference between two - Medical evidence clearly supports the eye-witness account - Deceased had 13 injuries on his person most of them incised wounds which could have been caused with a cutting weapon - Presence of PWs 1 & 3,..........
