SATHY M. PILLAY Vs. S. SHARMA

JUDGEMENT

(1.) These appeals, by special leave, are directed against the judgment and order, dated 10.08.2007, passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter "NCDRC" for brevity) in FA No. 174 of 2001 and 441 of 2002, whereby the NCDRC, while confirming the findings of the Kerala State Consumer Dispute Redressal Commission, Thiruvananthapuram, enhanced the compensation from Rs. 3,00,000.00 to Rs. 6,00,000.00 with 10% interest from three months of the order of the State Commission till the date of payment and additionally granted Rs. 50,000.00 towards cost of litigation.

(2.) It would be necessary to briefly state the facts for the disposal of this case. One Chandrakala (deceased), aged about 25 years, was the wife of the first complainant i.e. respondent No. 1 herein. She was admitted in the hospital of the appellant herein for encirclement of the cervix so as to prevent future miscarriage. The operation was carried out on 23.05.1996. As a pre-operation procedure, appellant no. 2, who is a skin specialist and has undergone training for administering anesthesia in Medical College Thiruvananthapuram, tried to give spinal anesthesia. However, it is to be noted that the surgery was carried out after giving local anesthesia. Around 6 p.m., after the operation, the deceased complained to one Dr. Narayanan that she was suffering unbearable pain due to the suture. At midnight, complainants heard loud cries of Chandrakala. It is to be noted that even on the second day, the parents and the husband were not allowed to see her. Thereafter Dr. Ajay Kumar, family doctor of the respondents herein, was not permitted to see her. Ultimately on 25.05.1996 at about 11.30 A.M. she expired. Thereafter, the post mortem was conducted. In the post mortem report, the doctor has opined as under:

(3.) Based on the post-mortem finding and results of Laboratory examination, I furnish my final opinion as follows: