1. Briefly, the claimant got him medically examined by the defendant on 03.03.2008, in her Family Hospital as he felt pain in his stomach. The defendant, being MBBS Doctor in the Family Hospital, examined the claimant and on the basis of ultrasound report, disclosed that the claimant's liver and spleen were alleged, that the gall bladder was thickened and that he had also caught Hepatitis C. The defendant also made the claimant to incur expenses of Rs.123000/- in six months treatment course. However, the claimant got the report from another hospital being dissatisfied with the defendant's report which report showed Hepatitis C as negative hence, this case u/s 25 of PCPA 2005, for providence to the claimant faulty and defective services by the defendant.
2. The defendant has controverted the allegations as levelled against him in this claim, interalia, on the ground that the claimant never visited the Family Hospital, nor the defendant provided any treatment to him, that the defendant is midwife and has confined herself to normal delivery cases and that the claimant has falsely instituted this case on being instigated by one, Dr. Ijaz Hussain Ch. Who has been expel from the service of Family Hospital due to negligence on his duty.
4. On carefully scrutiny of the pleadings of the parties and after hearing preliminary arguments by both the parties, it was deemed in the interest of justice and in the fitness of things to resolve the controversy between the parties after recording their evidence in support of their respective version.
5. In his evidence, the claimant has appeared as PW1, through his affidavit EX-PW1/1, whereas he has produced Muhammad Javaid Ahmad PW2, through his affidavit EX-PW2/1. In his documentary evidence, the claimant has tendered original postal receipt EX-P1, ultrasound examination Family Hospital EX-P2, report of Rathor Lab EX-P3, Ultrasound of Allied Hospital EX-P4, report EX-P4/A, report Clinical Pathology EX-P5, Allied Hospital bed head ticket EX-P6, PTCL relieving order EX-P7, PTCL letter EX-P8, legal notice Mark "A", news paper advertisement Mark "B", news paper advertisement Mark "C", copy of FIR Mark "D", copy of Pak telecom Mark "E", copy of brochure Family Hospital Mark "F". In rebuttal, the defendant Allah Mafi appeared as DW1, as her own witness through her affidavit EX-DW1/1 and she had got examined Naseeb Ali Khan DW2, Munir Hussain DW3, through their respective affidavits EX-DW2/1 and EX-DW3/1. In her documentary evidence, the defendant has adduced the registered cover envelope EX-D1, photo copy of signature identification Mark "A", copy of obstetric ultrasound examination Family Hospital Mark "B", photo copy of signature identification Mark "C", photo copy of wakalatnama Mark "D", photo copy of letter DDO Health Faisalabad dated 23.06.2008, Mark "E", Family Hospital salary slips Mark "1', to Mark "9", refer slip Family Hospital Mark "F", report of Rathor Lab Mark "G", attested copy of evidence in case titled Mst. Nazia Bibi EX-D2, Allied Hospital bed head ticket Mark "H", copy of order by Judicial Magistrate Mark "I", copies of Family Hospital by Adman Officer Mark "J", copies of referred to by Jafar Hussain Mark "L", copy letter dated 06.09.20008, Mark "K", copy letter dated 05.10.2008, Mark "M", cash received slip by Family Hospital Mark "N", cash received slip by Family Hospital Mark "O", copy of news paper advertisement Mark "P".
5. Heard the arguments, record perused.
6. EX-P2 is the report of ultrasound examination alleged to have been issued by Dr. Mrs. Sherazi of Family Hospital Faisalabad which is a pivotal document on which hinges the fate of this case, therefore, needs deeper appreciation. The allegation of the claimant against the defendant is that this ultrasound examination report EX-P2 was issued under the signature of Mrs. Sherazi Ultrasonologist showing that the liver and spleen of the claimant were enlarged and the gall bladder was thickened. However, this document appeared to be fake medical report for the following reasons: a. The document EX-P2 is alleged to have been issued under the signatures of Dr. Mrs. Sherazi but the defendant has denied herself to be Mrs. Sherazi as she has stated that she is Mrs. Allah Mafi wife of Taki Shah. There is nothing on record to believe that Mrs. Allah Mafi is also known by the name of Mrs. Sherazi; b. There is no evidence from the claimant's side to believe that the defendant is Ultrasonologist therefore, no question arises about issuance of ultrasound report by the defendant; c. The learned counsel for the defendant has made a offer during the arguments that the signature on the report EX-P2, may be sent to the hand writing expert for comparison but the claimant's counsel has refused such offer on lame excuses; d. From the report EX-P2, it has not been disclosed that the claimant was the patient of the Hepatitis C, as alleged by him in his affidavit EX-PW1/1, therefore, such allegation is based on conjectures and surmises; f. The claimant allegedly remained under treatment of the defendant for a long period causing him to spent huge amount in purchasing the prescriptions of the defendant but no such prescriptions have been produced in the claimant's evidence.
6. From the above said scenario, it has not been proved to my entire satisfaction that the defendant is in any way involved in issuance of wrong medical report about the claimant's health as EX-P2 has been proved to be fake document having no genesis to believe therefore, I have no hesitation to dismiss the claim. The claim is hereby dismissed accordingly. File be consigned to the record room after its due completions.