DEEP NURSING HOME Vs. MANMEET SINGH MATTEWAL

JUDGEMENT

(1.) Manmeet Singh Mattewal, respondent No. 1, lost his wife, Charanpreet Kaur, and his newborn son within the span of a few hours. Shiraz Mattewal, respondent No.2, is his older son. Our sympathies aside, we are called upon to examine the validity of the finding that Dr. (Mrs.) Kanwarjit Kochhar, appellant No.2, the Obstetrician/ Gynaecologist who conducted the delivery is guilty of medical negligence and deficiency in service. By judgment dtd. 31/1/2007 in Complaint Case No. 56 of 2006, the State Consumer Disputes Redressal Commission, Union Territory, Chandigarh[for short, 'the SCDRC'], had found her and Deep Nursing Home, Chandigarh, appellant No.1, medically negligent on the ground that they did not exercise due care and caution in treating Charanpreet Kaur but held that there was no fault on their part insofar as the death of the newborn child was concerned. The SCDRC directed them to pay Rs.20,26,000.00 to the complainants, Manmeet Singh Mattewal and Shiraz Mattewal. However, as they were covered by the insurance policy issued by New India Assurance Company Limited, respondent No. 3 herein, the company was directed to pay Rs.20,00,000.00 and the balance was directed to be paid by them. Interest @ 9 % was awarded if the amount was not paid in one month. Costs of Rs.10,000.00 were also awarded.

(2.) Deep Nursing Home, Chandigarh, and Dr. Kanwarjit Kochhar filed First Appeal No. 158 of 2007 before the National Consumer Disputes Redressal Commission, New Delhi,for short, 'the NCDRC'. assailing the SCDRC's judgment. First Appeal No. 193 of 2007 was filed separately by New India Assurance Company Limited. However, by order dtd. 9/5/2012, the NCDRC dismissed both appeals. Therein, the NCDRC came to the conclusion that no liability would attach to Deep Nursing Home, Chandigarh, and pinned the entire responsibility of paying Rs.20,26,000.00 upon Dr. Kanwarjit Kochhar. As Rs.6,00,000.00 had already been deposited pursuant to its order dtd. 12/4/2007 and was withdrawn by Manmeet Singh Mattewal, the NCDRC directed her to pay the balance sum of 14,26,000/- in 6 weeks along with Rs.costs of Rs.14,000.00. In the passing, we may note that the NCDRC reserved judgment in the appeals on 27/7/2010 but the order was pronounced by it nearly two years later, on 9/5/2012!

(3.) Despite the clean chit given to it by the NCDRC, Deep Nursing Home, Chandigarh, joined Dr. Kanwarjit Kochhar in filing the special leave petition from which the present appeal arises. By order dtd. 10/2/2014, this Court directed a further sum of Rs.4,00,000.00 to be paid to Manmeet Singh Mattewal and Shiraz Mattewal, respondent Nos. 1 and 2 herein. Leave was granted by this Court on 15/2/2016.