P.N.GUPTA Vs. RAJINDER SINGH DOGRA

JUDGEMENT

(1.) This civil appeal arises out of the decision of the National Consumer Disputes Redressal Commission [Hereinafter referred to as the National Commission] in First Appeal No. 248/2002 dtd. 16/7/2012. By the said order, the National Commission allowed the appeal filed by the respondent-consumer by setting aside the order passed by the UT Consumer Disputes Redressal Commission, Chandigarh [Hereinafter referred to as the State/UT Commission] and directed payment of compensation quantified at Rs.7,00,000.00 by the appellant, with 12% interest from the date of the order till actual payment. Questioning the decision of the National Commission, the appellant is before us. The brief facts necessary for deciding the appeal are as follows:

(2.) The respondent's wife had been suffering from abdominal pain. She went through an ultrasonography test, which showed stones in her gall bladder. The appellant is a doctor, who performed a surgery for removing the stones on 11/9/2000 on the basis of an ultrasonography. However, the patient developed various problems after the same, such as stomach ache, constipation and vomiting, etc. The patient re-consulted the appellant, who prescribed medications for pain and other symptoms. However, the patient's problems continued to persist. Accordingly, on the suspicion of a "biliary leak", a second ultrasonography test was conducted. The report of this test showed "more collection of fluid in the peritoneal cavity". On 4/10/2000, the appellant conducted another surgery to drain this fluid by what is known as "needle aspiration" from the "Pouch of Douglas".

(3.) The respondent is the patient's husband, who filed a consumer complaint before the UT Commission bearing number Complaint Case No. 6 of 2001. He claimed a sum of Rs.8.30 lakhs as compensation for loss of his wife's life due to the appellant's medical negligence, which included sums claimed for mental agony and other costs.