GOVERNMENT OF INDIA Vs. MASTER AKASH

JUDGEMENT

(1.) The Appellants challenged against the impugned Order dtd. 11/9/2012, passed by the State Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the 'State Commission'), whereby the Appellants Nos. 2 and 3 were directed to pay a sum of Rs.10.00 lakh holding liable for medical negligence .

(2.) For the convenience, the Parties are referred as placed in the Original Complaint filed before the State Commission .

(3.) The facts are that Master Akash the Complainant (Complaint filed through his mother), after birth, at the age of 3 days, was operated for the correction of diaphragmatic hernia on 13/6/1998. It was performed by Dr. Ajay Kumar, the Opposite Party No.3 at Kalawati Saran Children Hospital (KSCH) (hereinafter referred to as the 'Opposite Party No. 2'). During operation, the baby was given blood transfusion twice as 50ml and 100ml on 13th and 16/6/1998. The blood was brought from the Blood Bank at Smt. Sucheta Kriplani Hospital, New Delhi (hereinafter referred to as the 'Opposite Party No. 4 - SSKH'). The baby was discharged on 23/6/1998 .