M.A BIVIJI Vs. SUNITA

JUDGEMENT

(1.) Delay condoned.

(2.) The Civil Appeals have been filed under Sec. 23 of The Consumer Protection Act, 1986, (hereinafter referred to as the, Act, 1986) assailing the impugned decision passed on 16/2/2018 by the 9N ational Consumer Disputes Redressal Commission (hereinafter, NCDRC) in Consumer Case No. 48 of 2005 filed by Mrs. Sunita Parvate. The NCDRC directed Suretech Hospital and Research Centre Private Limited, a Hospital in Nagpur, Dr. Nirmal Jaiswal, Chief Consultant and Intensive Care Unit In-charge, at Suretech Hospital, Dr. Madhusudan Shendre, ENT Surgeon at Suretech Hospital, and Dr. M. A. Biviji, Radiologist at Suretech Hospital to jointly and severally pay Rs.6,11,638.00 as compensation for medical negligence to Mrs. Sunita (Complainant) with 9 % simple interest from the date of filing of the complaint till the date of actual payment, within six weeks. Additionally, the NCDRC directed that Rs.50,000.00 to be paid to Mrs. Sunita as cost towards litigation expenses. The medical negligence was proved on account of the unjustifiable and forceful performance of Nasotracheal Intubation (hereinafter, NI) procedure on Mrs. Sunita on 13/5/2004, at Suretech Hospital. The NI procedure entails inserting an endotracheal tube through the patients nose, to assist in breathing.

(3.) The Civil Appeal No. 3975 of 2018 has been filed by Dr. M.A. Biviji denying any role in the alleged medical negligence during treatment of Mrs. Sunita at Suretech Hospital. The Civil Appeal (Diary No.21513 of 2018) has been filed by Suretech Hospital, Dr. Nirmal Jaiswal, and Dr. Madhusudan Shendre completely denying that any negligence was committed during Mrs. Sunitas treatment in Suretech Hospital. Whereas Mrs. Sunita filed Civil Appeal 4847 of 2018 seeking enhancement of compensation ordered for medical negligence during her treatment. She further prayed for enhancement of 9% interest p.a. to 18% interest p.a. The claimant, Mrs. Sunita filed Consumer Case 48 of 2005 before the NCDRC seeking Rs.3,58,85,249.00 i.e., Rs.3.58 crores. However, the NCDRC only awarded her Rs.6,11,638.00 @ 9% simple interest as compensation for the medical expenses she incurred. She was further entitled to Rs.50,000.00 as cost for her litigation expenses.