ORIENTAL INSURANCE COMPANY LIMITED Vs. BABITA & ORS

JUDGEMENT

(1.) (Oral)This is insurer's appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 28.8.2009 passed by the District Forum, Haridwar in consumer complaint No. 372 of 2007, thereby allowing the consumer complaint against the opposite party Nos. 1, 2 and 4 and directing the opposite party Nos. 1 and 2 to pay jointly and severally litigation expenses of Rs. 1,500 to the complainant and further directing the opposite party No. 4 - appellant to pay sum of Rs. 25,000 to the complainant towards compensation. The consumer complaint was dismissed against the opposite party No. 3. The learned President of the District Forum vide his dissenang order dated 28.8.2009 has, however, dismissed the consumer complaint. The opposite party Nos. 1 and 2 have not preferred any appeal against the impugned judgment and order passed by the District Forum.

(2.) BRIEFLY stated, the facts of the case as mentioned in the consumer complaint, are that the complainant had undergone sterilization operation performed by oposite party No. 2 on 29.1.2007 and she was told that the operation has been successful. However later on, the complainant conceived. Alleging medical negligence, the complainant filed a consumer complaint before the District Forum, Haridwar, which allowed the same vide order dated 28.8.2009 in the above terms.

(3.) NONE appeared on behalf of respondent No. 4. We have heard the learned Counsel for the appellant and respondent Nos. 1 to 3 perused the record.