KAMALABAI VISHNU KHODSE Vs. YESHWANT B. KHAOSLE

JUDGEMENT

(1.) Challenge in these two Revision Petitions filed by the Petitioners/Complainants, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), is to the order dated 09.01.2015 passed by the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad (for short "the State Commission") in Appeal Nos. 163 and 186 of 2010. By the impugned order, the State Commission has reversed the order dated 23.11.2009, passed by the District Consumer Disputes Redressal Forum, Beed (for short "the District Forum") in Consumer Complaint No. 200 of 2007, and allowed First Appeal No. 163 of 2010 filed by Dr. Yashwant Bhanudas Khose/Opposite Party No.1 (for short, the "treating Doctor") and consequently dismissed the First Appeal No.186 of 2010 filed by the Complainants seeking enhancement of the compensation awarded by the District Forum. The District Forum, while holding the treating Doctor guilty of medical negligence and deficiency in service, has directed him to pay a sum of Rs.2,00,000/- towards compensation on account of death of the first Complainant's son, namely, Shaliwahan@ Pintu (for short, "the patient").

(2.) The Complaint was initially filed by the Complainants before the State Consumer Disputes Redressal Commission at Mumbai being No.213/2000; the same was transferred to Aurangabad on establishment of the Circuit Bench and thereafter was transferred to District Consumer Disputes Redressal Forum, Beed for want of pecuniary jurisdiction.

(3.) The material facts, as emerge from the Complaint, necessary for disposal of the Revision Petitions are as follows:-