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This Appeal has been filed by one of the prestigious Medical Institutes of the State of Uttar Pradesh namely SGPGI, Lucknow, alongwiith four Doctors who had been arrayed as Opposite Parties in CC No.72/1996 filed before SCDRC, Lucknow, UP by the Respondent/Complainant.

2. The Complaint was allowed holding the appellants to be negligent in treating the deceased son of the Complainant/Respondent awarding a sum of Rs. 14 lakhs to the Complainant as compensation together with interest @ 10% p.a. and in default that would stand enhanced to 15% p.a.. An additional sum of Rs.5 lakhs was awarded on account of loss suffered by the Complainant together with interest and then an amount of Rs.30 lakhs, has been awarded towards mental agony, torture and depression, with interest thereon. 

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The opposite parties in their evidence has further stated that patient was admitted at Gen Hospital for necessary investigations like bone marrow et cetera. In this ward there was no special facilities. So it is clear that the patient was admitted to Gen Hospital although the concerned Dr came to know about leukaemia on 01.12.92: In a RTI, SGPGI has replied that the patients of blood cancer are treated in haematology department and specifically stated that the treatment of patients of acute leukaemia (Blood Cancer) is done under the supervision of Haematology Department. Further in RTI, the SGPGI replied as follows:

In reply of another question under RTI, the SGPGI has replied that the investigation of Bone Marrow Requisition and Reporting is done by the doctors of Pathology and Haematology department and the disease is confirmed by the doctors of Haematology Department. The treatment of Acute Lymphoblastic Leukaemia Blood Cancer is done in the Haematology Department of this institution. It has been clearly replied by the SGPGI that the testing procedure regarding Bone Marrow ) Requisition and Reporting can only be done by the expert doctors of Haematology Department and none others. It is also replied by the SGPGI that the treatment of Acute Lymphoblastic Leukaemia (Blood Cancer) has been started in Haematology Department from June 2003, and before it the treatment was being done at Immunology Department of the Institute.

In this case documents were summoned from SGPGI. In reply of RTI, the SGPGI had assured that recovery from Acute Lymphoblastic Leukaemia depends on age of the patient, WBC count, different kind of molecular examination, and thereafter the percentage is from 20 to 80%. It is also clear that bone marrow requisition and reporting cannot be done by any other Dr except the doctors of haematology department or say when this department was not in existence, Department of immunology. But here paediatrician treated the child even after knowing that he was suffering from Acute Lymphoblastic Leukaemia. There is a paper in the record sent by SGPGI showing that the patient was referred for x-ray test by paediatrician Dr P Bhattacharya on 18.12.92 meaning thereby that the patient was under