P R VENUGOPAL Vs. K S RAJU

JUDGEMENT

(1.) The brief facts of this case are that respondent no.1/complainant filed a complaint before Consumer Disputes Redressal Forum, Kannur (for short as District Forum ) under Section 12 of the Consumer Protection Act, 1986 alleging medical negligence against the petitioner and respondent no.2 in conducting the delayed cesarean operation of his wife leading to death of baby due to asphyscia two days after delivery in respondent no.2 hospital. Respondent no.1 claimed a compensation of Rs.200,000/- from the petitioner as well as respondent no.2 for their professional negligence for causing the sufferings, pain and agony to respondent no.1 s wife.

(2.) The complaint filed before the District Forum was contested by petitioner as well as respondent no.2.

(3.) District Forum, vide its order dated 7.2.2005, held that it is a clear case of medical negligence and there is deficiency in service on the part of the petitioner as well as respondent no.2 and allowed the complaint of respondent no.1 and directed petitioner/respondent no.2 to pay a sum of Rs.1,50,000/- as compensation alongwith litigation expenses of Rs.2,000/- to respondent no.1.