C UNNEEN Vs. C SUDHA

JUDGEMENT

(1.) APPELLANTS in Appeal No.194/09 are opposite parties 1 and 2 in OP No. 137/00 in the file of CDRF Malappuram. Opposite parties 1 and 2 the hospital and Gynaecologist are under orders to pay a sum of Rs.1,55,000/ - as compensation and cost of Rs.2,500/ -. The appellant in Appeal No.196/09 is the complainant in the OP who was sought for enhanced compensation and interest which has not been granted.

(2.) THE complainant in the OP has sought for a compensation of Rs.4.lakh and interest for the alleged lack of care and negligence on the part of the opposite parties ie the hospital, Gynaecologist, the Gastroenterologist and the Surgeon. The Forum exonerated the Gastroenterologist and the surgeon and ordered the hospital and the doctor to pay the amount of compensation. It was found that it was on account of the negligence of the 2nd opposite party/Gynaecologist that the complainant sustained perforation of the ileum that resulted in leakage of the faecal matter etc that resulted in peritonitis and septicemia and had to undergo multiple surgeries and prolonged hospitalization.

(3.) THE evidence adduced consisted of the testimony of PWs 1 to 3, DW1, Exts.P1 to P10 series, Ext.B1, Exts.X1 to X5.