PATEL HOSPITAL PRIVATE LIMITED Vs. PAWAN KUMAR

JUDGEMENT

(1.) THIS judgment shall dispose of three appeals, namely, First Appeal No. 1044 of 2002, Patel Hospital Private Limited v. Pawan Kumar and Ors., First Appeal No. 1110 of 2002, United India Insurance Co. Ltd. v. Patel Hospital Private Ltd. and Ors., and First Appeal No. 1112 of 2002, M/s. Oriental Insurance Company Ltd. v. Pawan Kumar and Ors., as all these appeals are directed against the same judgment dated 10.7.2002 passed by the learned District Consumer Disputes Redressal Forum, Jalandhar (in short "District Forum"). The facts are taken from First Appeal No. 1044 of 2002 and the parties would be referred by their status in this appeal.

(2.) POONAM Rani wife of Pawan Kumar respondent No. l and mother of Pankaj Kumar respondent No. 2 (hereinafter to be referred to as "the patient") was having severe pain in her body. The patient along with respondent No. l went to the hospital of the appellants for medical checkup. She was medically examined by Dr. Sharma who was working in the hospital of the appellants and she was told that she had stone in her gallbladder for which an immediate operation was required. On 13.12.2000 the patient was prescribed medicines by Dr. Sharma and she was told to come up for operation on 15.12.2000.

(3.) IT was further pleaded that on 15.12.2000 the patient was admitted in the hospital of the appellants. She was operated on 16.12.2000 by Dr. S.S. Mahi and others. After the operation, respondent No. 1 was informed that the operation was successful and the condition of the patient was under control. However, the condition of the patient was not well and she was having severe pain in her body and this fact was brought to the notice of the doctors of the hospital of the appellants. There was no satisfactory reply from them. Thereafter the doctors of the appellants informed respondent No. l that the condition of the patient had gone beyond their hands. The patient was shifted to DMC and Hospital, Ludhiana on 20.12.2000 where she expired on 21.12.2000 at 10.00 p.m.