HEMINA HITESH KOTAK Vs. ASHOK NATHWANI

JUDGEMENT

(1.) This appeal is by the complainants seeking enhancement of the amount of compensation awarded to them on account of death of Hitesh Kotak caused by the negligence of the first respondent. First appellant-complainant is the widow of Hitesh Kotak, second appellant is the minor child, third is the mother. They would be legal heirs of the deceased Hitesh Kotak. Fourth appellant is the father of the deceased and the fifth is the National Consumer Protection Samiti, an NGO.

(2.) There are four respondents. First respondent is the doctor against whom negligence is alleged. Respondent Nos. 2 and 3 were employees working under him and the fourth respondent is the National Insurance Company Ltd. who had given cover of the insurance to the first respondent for Rs. 5 lakhs.

(3.) None of the respondents have challenged the findings of negligence against the first respondent which caused the death of Hitesh Kotak a young man of 31 years of age. At the time of his death Hitesh was employed in a private firm called Ashok Buildwell and Developers Pvt. Ltd., Nasik and was drawing a monthly salary of Rs. 4,061/-. Home taking salary was Rs. 3,705/- after deduction of Rs. 356/-. Hitesh Kotak was an engineer. After having held that the death of Hitesh was caused due to medical negligence of the first respondent, State Commission examined the question of quantum of compensation. This is how State Commission considered this aspect :