NAGARMAL MODI SEWA SADAN Vs. PREM PRAKASH RAJAGARIA

JUDGEMENT

(1.) Heard learned counsel for the appellant as also learned counsel for the respondents and perused the appeal papers.

(2.) The appellant is before this Court assailing the judgment dtd. 6/2/2013 passed by the National Consumer Disputes Redressal Commission, New Delhi (For short 'NCDRC') in O.P.No.170 of 1999. The NCDRC while taking note of the rival contentions has held the appellant and also the Doctors who were working under the appellant-Hospital, namely, the respondent Nos. 2,3 and 4 before the NCDRC as negligent in causing the death. It is in that light, the NCDRC has ordered payment of compensation in the manner in which it has done as per the specific directions against the respondents before it.

(3.) Though learned counsel for the appellant seeks to contend that the NCDRC was not justified in holding that the Doctors working under the appellant Hospital were negligent, we have perused the judgment in detail. In fact, the NCDRC after having referred to the evidence which was available before it and on analyzing the same and taking into consideration the report received from the AIIMS Hospital has arrived at its conclusion. We see no other contrary material available on record to arrive at a different conclusion. Insofar as the conclusion reached by the NCDRC with regard to the negligence, it is un-exceptionable and as such does not call for interference.