JASWINDER SINGH Vs. SANTOKH NURSING HOME

JUDGEMENT

(1.) Leave granted. The Appellants are aggrieved by the order of the National Consumer Disputes Redressal Commission (for short, 'the National Commission') whereby the appeals filed by Respondent Nos. 1, 2, 3 and the insurance company were partly allowed and the compensation awarded by the State Consumer Disputes Redressal Commission, Union Territory, Chandigarh (for short, 'the State Commission') was reduced from Rs. 12,34,414.50 to Rs. 8,00,000/-.

(2.) The Appellants filed a complaint under Section 17 of the Consumer Protection Act, 1986 alleging medical negligence and deficiency in service on the part of the Respondents resulting in death of Smt. Ravinder Kaur (wife of Appellant No. 1). They pleaded that Smt. Ravinder Kaur was admitted in Santokh Nursing Home (respondent No. 1) on 8.6.2004 for removal of fibroid from heruterus as well as for total Hysterectomy; that she was operated upon by Dr. Rashmi Jain (respondent No. 3) and was discharged from the Nursing Home on 13.6.2004; that on a subsequent visit to the Nursing Home, ultrasound was done on her abdomen and it was discovered that two Mops/Gauges measuring 131/2" x 91/2" were left in her abdominal cavity. Thereupon, Dr. Kuldip Singh (respondent No. 2) performed a colostomy in the intestine. On 6.9.2004, Smt. Ravainder Kaur was admitted in PGI, Chandigarh for removal of MOPs/Gauges. On 13.10.2004, she was admitted in Fortis Heart Care & Multi-speciality Hospital, Mohali and after one month she died due to scepticemia inside her abdomen. The Appellants claimed total compensation of Rs. 50,00,000/-.

(3.) The Respondents contested the complaint and denied the allegation of medical negligence.