NATIONAL INSURANCE COMPANY LTD & ANR Vs. ANITA

JUDGEMENT

(1.) VIDE this common order we shall dispose of above mentioned two appeals having arisen out of order dated 27.5.2005 passed by District Consumer Disputes Redressal Forum, Ambala whereby on the complaint of complainant - Smt. Anita alleging medical negligence and deficiency in service on the part of opposite party -Dr. Jai Mala Aggarwal, following relief was granted:

(2.) THE brief facts giving rise to the present appeal are as under:

(3.) IT was alleged that the opposite party No. 1 had never obtained the consent of complainant and had obtained the signature of her husband on some blank papers on the pretext that some record for delivery was to be maintained. It was further stated by the complainant in her complaint that her in -laws family had started rebuking and maltreating her by saying that she was of no use to them because she was not able to bear any male child for the propagation of their family and they had started thinking on the line of remarrying the husband of the complainant. According to the complainant the delivery was normal but due to careless and negligent act of the opposite party No. 1 she had to remain admitted in the hospital of the opposite party No. 1 for quite long time and thus suffered irreparable loss besides mental agony. Alleging deficiency in service on the part of the opposite party No. 1, the complainant sought compensation of Rs. 4 lacs; Rs. 50,000 for mental agony and expenses incurred by her in the hospital and Rs. 10,000 as litigation expenses.