First of all in order to appreciate the evidence of the complainant I take up the evidence led by the claimant Osama Shahid who appeared as PW-1, his affidavit is Ex-P/1, he has been thoroughly cross examined by the respondent in detail. In the cross examination all the efforts has been made to show that undergoing tests by the renown Laboratories .The blood samples taken were not of the claimant/petitioner. This plea taken in the cross examination is total foreign to the pleas taken in the written statement. I humbly submit that this plea has been taken for the first time while making cross examination. The material question before me is, why the claimant has filed the claim in hand against the respondent. The claimant answered this question in the cross examination in very material way whereby he has
In order to support the version, the respondent has cross examined Salahudin Qureshi whose affidavit is Ex-R/2 and Dr. Abdul Majeed RW-2 his affidavit is Ex-R/7.RW-1 has stated that he is Manager of the Laboratory that he has no read about the Pathology, that he did not take the samples of the complainant and he had not prepared the report of the complainant. In this way the testimony of this witness cannot help the respondent to come out form the trouble. The testimony of the other witness is also no use as he admitted that report of Osama Shahid does not bear his signature. According to him he did not take the samples of the complainant. He has admitted that no cut off value has been given on the report and that the said report is prepared by Dr. Shamshad. He has also admitted that the cut of value and the patient value has been written on other laboratories reports. According to him for taking the report manual temperature is to be set and if it is not set correctly it may affect the report and even could not tell the name who took the samples of the claimant.
Osama Shahid V/s Dr. Shamshad Hussai
shows the great malafideness of the respondent, therefore, the matter in hand is decided in the way that respondent shall pay Rs. 5,00,000/-(Five Lac) to the petitioner as compensation and respondent is also directed to get remove the petitioner’s name from online/website as “unfit” whereas remaining claim of the petitioner is hereby dismissed being on the higher side .Parties are left to bear their own cost.
After completion, file be consigned to record room.
