MEENAKSHI vs MANJUNATHA PATHOLOGY LABORATORY

THIS appeal is by the appellant/complainant challenging the order dated 26. 9. 2007 passed by the District Consumer Forum, Mandya, in Complaint No. 35/2007, by which the District Forum has dismissed her complaint.

THE case of the complainant before the District Forum was that during her pregnancy she was referred by one Dr. Krishnamurthy to the Hospital of respondent No. 1/opposite party No. 1 (for short, "o. P. Hospital") for a blood test. The O. P. Hospital after conducting the blood test opined that the complainant was HIV positive. The complainant was shocked to know this. However, with a view to confirm the opinion given by the O. P. Hospital, the complainant approached the Government Hospital at Channarayapatna and got her blood tested again. The Doctor in the said Government Hospital after conducting necessary tests certified that the complainant was not a victim of HIV by giving a report as "non-reactive". Thereafter, the complainant filed the complaint before the District Forum alleging "deficiency in Service" on the part of the O. P. Hospital. The District Forum has dismissed the complaint on the ground that since the O. P. Hospital has conducted the Tests in accordance with the prescribed procedure, there is no "deficienccy in service" on the part of the O. P. Hospital. This order is under challenge by the complainant in this appeal. From the evidence it is seen that the complainant was referred for a blood test by one Dr. Krishnamurthy to the O. P. Hospital. The O. P. hospital conducted blood test called "elisa Test" and opined that the complainant is HIV positive. The complainant being a pregnant lady was shocked to know this. Ultimately, she went to Government Hospital, Channarayapatna and got her blood tested once again. In the Government Hospital the Doctor who conducted the Test opined that the complainant is HIV Negative. In proof of this contention, the complainant examined R. W. 2, who in her evidence has deposed that the complainant is not HIV Positive. From the evidence of R. W. 2 it is clear that the opinion furnished by the O. P. Hospital is wrong. Therefore, in our view, there is "deficiency in Service" on the part of the O. P. Hospital.

It has to be noted that HIV Positive is a dreaded disease. If a person comes to know that he or she is a victim of HIV Positive, he/she will lose interest in life and may even think of committing suicide. The complainant being a pregnant lady might have suffered silently until she came to know that the Report given by the O. P. Hospital was false. But without considering this aspect of the matter, the District Forum has merely proceeded to dispose of the complaint on the ground that the O. P. Hospital has conducted the Tests in accordance with the prescribed procedure and, therefore, there is no deficiency in service. The case of the complainant is not regarding the procedure followed but regarding the result of the Tests. When the similar test conducted in the Government Hospital at Channarayapatna discloses that the complainant is not a victim of HIV positive, the irresistible conclusion that can be drawn is that the O. P. Hospital has issued a wrong report. Taking all these facts into consideration, we are of the view that the complainant is entitled for compensaion for "deficiency in service" on the part of the O. P. Hospital. We are told that subsequently the complainant gave birth to a child and the motherand the child are healthy. In the facts and circumstances of the case, in our view, awarding compensation of Rs. 25,000 in favour of the complainant would meet the ends of justice.

IN the result, we pass the following Order: (1) The appeal is allowed. The impugned order is set aside. (2) The complaint filed by the complainant before the District Forum is allowed in part with a direction to the O. P. Hospital to pay a sum of Rs. 25,000 (Rupees twenty five thousand only) as compensation to the complainant within three months from today. (3) In the event if the O. P. 1 Hospital fails to pay the said amount within the stipulated time, the O. P. Hospital shall be liable to pay interest at 6% per annum on the said sum of Rs. 25,000 from the date of this order till realization.

Appeal allowed.