R.K. GUPTA Vs. ANOOP KUMAR

JUDGEMENT

(1.) This Order shall decide both the Revision Petitions arising from the Order dtd. 26/2/2013, passed by the Chandigarh State Consumer Disputes Redressal Commission (hereinafter referred to as the "State Commission") in Appeal No. 968/2008. The Appeal was allowed and the order of the District Consumer Disputes Redressal Forum, Jalandhar (hereinafter referred to as the "District Forum") dtd. 20/5/2008 in Complaint No. 222/2007 was set aside and a compensation of Rs.2.00 lakh in lumpsum was awarded payable Jalandhar jointly and severely by the Petitioners.

(2.) For the convenience, the facts are drawn from Revision Petition No. 2269/2013 and the parties are referred to as in the District Forum.

(3.) Brief facts that the Complainant's wife Mrs. Dipika (hereinafter referred to as the "patient") during her pregnancy was under regular antenatal checkups at ESI Hospital, Jalandhar. On30/4/2007, in the morning, for checkups he took his wife to the Hospital but the staffs there were busy in arranging farewell of the Medical Superintendent. The doctor on duty saw the ultrasonography scan (USG) report done from M/s Kapoor Scanning Centre, Jalandhar and asked the patient to come on the next day. However, on the same day at 9 pm, the patient developed severe labour pains and got admitted in hospital. It was alleged that throughout night neither any duty doctor nor staff nurse attended the patient. The Complainant requested to shift the patient to another hospital, but no avail. The hospital did not provide ambulance. On the next day i.e. 1/5/2007, the patient's Caesarean (LSCS) operation was done by another doctor but because of the delay baby was already dead. It was alleged that had the Caesarian operation been conducted on 30/4/2007 itself, the baby could have been saved. The Complainant alleged that the Hospital was also responsible, being unable to provide good quality medical care to their people under the ESI Corporation. The Hospital lacks basic lifesaving facilities like ambulance, blood bank and scanning etc.