Mr. Justice M.S. Parikh, President—By way of this complaint, the complainant has prayed for compensation in the sum of Rs. 10,00,000/- and cost of the complaint on following brief allegations of facts.

2. The complainant belonged to Nadiad but was given in marriage to one Mr. Hasmukh Modi of Adipur, Kachchh and she was staying with her husband at Adipur. Her husband has been engaged in the business of running a Government approved fair price shop. At the age of 40 years, she had three daughters —Dipa, Trusha and Mayuri. She once again became pregnant and went to her parental home at Nadiad. She consulted opponent doctor for the purpose of delivery. Ultimately she was admitted to opponent’s hospital on 28.10.1994. The opponent advised for caesarean operation, as, according to her, normal delivery was not possible. She was accordingly operated on 31.10.1994 and she gave birth to a baby girl. She had abdominal pain after delivery. As the pain increased she informed the opponent doctor who diagnosed excess fat resulting into pain in abdomen. She informed the complainant that by passage of time her pain would subside. Ultimately, on 23.12.1994, her husband had taken her to Adipur. However, her ailment in abdomen continued and her health went on deteriorating. She, therefore, consulted Dr. Paruben Raiyani of Gandhidham. As per her advice, blood, urine, sonography and other tests were carried out. The said doctor informed that some foreign body was left out in the abdomen and it would be necessary to open her abdomen. Dr. Joshi of Gandhidham was also consulted in that respect.

3. On 6.1.1995 she was taken up for operation by surgeon Dr. Joshi of Gandhidham and Dr. Raiyani, Gynaecologist and during the course of operation it was found that there was a swab [piece of napkin like cloth of white colour]. Complainant’s husband took permission of the doctors to call a photographer to take photographs and photographs were taken about foreign body having been found. It has, therefore, been alleged that on account of medical negligence and deficiency in rendition of medical service on the part of the opponent doctor in performing caesarean operation on 31.10.1994, the swab was left inside the abdomen and that continued to remain there for a period of around 2¼ months resulting into abscess in the intestine and other parts of the abdomen. As required instruments and facilities were not available with the aforesaid Surgeon Dr. Joshi and Dr. Raiyani, complainant was discharged from her hospital on 11.1.1995 and she was taken in ambulance to Irwin Hospital at Jamnagar (Civil Hospital, Jamnagar). Number of tests were performed there and ultimately Dr. Dodiya of said hospital performed two operations on 20.1.1995 and 7.3.1995 for repairing the perforated intestines. The treatment there continued for around three months. Her husband and children had also to stay at Jamnagar during the course of such treatment. It has, therefore, been alleged that the complainant had sustained a great deal of pain, shock and suffering on account of medical negligence as aforesaid on the part of the opponent doctor. She had to incur huge amount of expenditure for medicines, injections and other requirements. She became very weak and found it very difficult to attend to her four daughters and her husband. Her husband had to close his shop for the aforesaid period and he also suffered business loss. Inhabitants of the town faced great deal of trouble on account of closure of the shop of her husband and that was published in ‘Sandesh’ newspaper of 10.1.1995. She has been rendered disabled like a living dead. Under such circumstances, she has prayed for compensation as stated above.

4. The opponent doctor has filed her written statement at Exh. 14, coupled with her affidavit. While denying the allegations contained in the complaint, she asserted that she treated the complainant with fair and reasonable standard and competence expected of a doctor of her class and there