TARSEEM JINDAL Vs. REETA DEVI

JUDGEMENT

(1.) THIS order will dispose of two appeals viz. F.A. No. 116/2011 and F.A. No. 117/2011, since they have arisen from a common order passed in Consumer Complaint No. 193/2008 dated 22.03.2011 by the Ld. District Consumer Disputes Redressal Forum Mandi, H.P., whereby complaint was allowed and the opposite parties No. 1 and 2 were directed to pay to complainant Rs. 4,30,000/ - alongwith interest @ 9% from the date of institution of the complaint till its realization as compensation on account of negligence in performing laparoscopic cholecystectomy, pain and suffering etc. The opposite parties no.1 and 2 are further directed to pay Rs. 5,000/ - as costs of litigation. The parties are hereinafter being referred as per their status in the complaint.

(2.) APPEAL No. 116/2011 had been filed by appellant Dr. Tarseem Jindal, who had operated Reeta Devi by conducting laparoscopic surgery of Gall Bladder and since he was found negligent in conducting the operation, as such, he had been held liable to make payment of Rs. 4, 30,000/ - alongwith interest @ 9% per annum from the date of institution of the complaint till its realization alongwith Narpat Ram, who is owning Sanjivni -Polyclinic -cum -Hospital at Lower Bhojpur, Sunder -Nagar (H.P.).

(3.) APPEAL No. 117/2011 had been filed by appellant Narpat Ram, who is partner of Sanjivni -Polyclinic -cum -Hospital, which is being run at lower Bhojpur, Sunder -Nagar, District Mandi, H.P., where Reeta Devi was operated by Dr. Tarseem Jindal, who was found negligent in conducting the said operation and then they were directed to pay compensation to the tune of Rs. 4,30,000/ - alongwith interest @9% from the date of institution of complaint till its realization to the complainant.