LAWS(NCD)-2020-7-87

MAHATMA GANDHI HOSPITAL Vs. CHHAVI GOYAL

Decided On July 30, 2020
Mahatma Gandhi Hospital Appellant
V/S
Chhavi Goyal Respondents

JUDGEMENT

(1.) This revision petition has been filed by the petitioners Mahatma Gandhi Hospital Jaipur and anr. challenging the order dated 03.05.2017 in FA No.1546/2016 and FA No.138 of 2017 passed by the Consumer Disputes Redressal Commission, Rajasthan, (in short 'the State Commission').

(2.) Brief facts of the case are that the respondent/complainant was pregnant and she was admitted in the petitioner hospital. It has been alleged that she was not properly administered anaesthesia injection through spinal cord. The anaesthesia dose was not proper and within five hours of it, MRI was to be done, but the same was not conducted in time. Hence, complainant suffered paralysis on half of her body. It has been alleged that operation was not done properly and there was a cut on the head of the baby due to which infection spread in baby's brain. The condition of baby deteriorated and afterwards the baby died. Hence, the complainant has filed the complaint before the District Consumer Disputes Redressal Forum-II, Jaipur (in short 'the District Forum'). The complaint was resisted by the petitioners/opposite parties by filing their written statement. However, District Forum, passed the following order on 08.11.2016:-

(3.) Aggrieved by the order of the District Forum, the opposite parties preferred appeal before the State Commission being FA No.1546 of 2016. Similarly, complainant also preferred FA No.138 of 2017 before the State Commission. The State Commission vide its order dated 03.05.2017 dismissed the appeal filed by the opposite parties being FA No.1546 of 2016 and allowed the appeal of the complainant being FA No.138 of 2017 by enhancing the amount of compensation from Rs.10,00,000/- to Rs.12,00,000/-.