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Naresh Kumar vs Sunil Blood Bank
I(1991)CPJ 645 (Delhi SCDRC)
A unit of blood was purchased by the complainant for his wife from the opposite party which was found to be contaminated and contained the Hepatitis B virus. The state Commission held that the blood bank has failed to observe the fundamental requirements of ensuring that the blood supplied to the complainant was free from contamination ,the complainant’s wife suffered from viral Hepatitis B which was later communicated by her to her husband. Both the complainant and his wife suffered a few months due to defective and contaminated blood supplied by the blood bank .The state commission held the blood bank guilty of supply of contaminated blood and awarded Rs 20000as damages to the complainant for ill health and discomfort caused to him and his wife. The commission held that the doctor who recommended the blood bank was not responsible since there is no procedure for testing the blood at the time of transfusing the blood and further the blood bank is at an obligation to ensure that it did not stock contaminated blood.