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AN ACTION FOR NEGLIGENCE WILL NOT ONLY DISABLE A PERSON FROM ROUTINE COURSE OF HIS LIFE BUT WILL ALSO KEEP ON PRICKING IN HIS MIND TO CAUSE CONSISTENT MENTAL CRUELTY AND HARASSMENT: PUNJAB AND HARYANA HIGH COURT

This particular decision is upheld by the Punjab and Haryana High Court through the division bench of Justice Sandeep Moudgil in the case of Mamta Rani v State of Haryana (CRM-M-28211-2022).

FACTS

FIR in question is that father of the complainant was suffering from gangrene on the thumb and three fingers of left foot, who was a diabetic and heart patient as well. During a visit on 27.01.2022 to the house of complainant’s sister at Panipat, a clinic of petitioner-accused came
to the notice in the market on 28.01.2022. An advise of the petitioner accused was sought, who had mentioned on the Board outside of her clinic as Dr. Mamta Kapoor. The petitioner-accused gave all assurance of curing the diseases and asked to get the father of complainant admitted in her clinic. The father of the complainant was treated from 28.01.2022 till 06.02.2022, the date on which he was discharged. At the time of discharge from the clinic, the petitioner-accused did not give any document despite asking time and again but promised to give the complete summary of treatment and discharge, later on. Even thereafter, the petitioner-accused made home visits till 13.02.2022 at the house of complainant’s sister in Virat Nagar, Panipat and the petitioner-accused charged a sum of Rs.1,00,000/- for the complete treatment. Thereafter, the complainant along-with his father left for their house in Amritsar. However, the father of the complainant started having acute pain in the left foot and got him examined in Gupta Hospital, Siddharth Nursing Home, Amritsar. It was diagnosed at that stage that gangrene has infected the entire left leg, which has to be amputated failing which it will endanger his life. The reasons for such severe infection was the wrong and negligent medical treatment given by the petitioner-accused. At this stage inquiries were made by the complainant, which revealed that various other persons have also been put at risk by the petitioner-accused, one Rehlan had suddenly died and another patient namely Mrs. Darshan Rani was noticed to be very serious.

JUDGEMENT

The Court is sanguine of the fact that the petitioner-accused, even according to her possessed qualification for acupressure and Electro Homeopathy Medical System, has a duty to act with a reasonable degree of care and skill has an implied undertaking of not to give a chance for breach of such duty, has given a cause of action for negligence which resulted into huge damage to the father of the complainant, which cannot be compensated in any manner whatsoever. Such loss will not only disable a person from routine course of his life but will also keep on pricking in his mind to cause consistent mental cruelty and harassment apart from embarrassment in daily routine in the society at large.

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JUDGEMENT REVIEWED BY NAISARGIKA MISHRA

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