PRABHA G. NAIR Vs. MOHANAN

JUDGEMENT

(1.) The Revision Petition is filed under section 21(b) of the Consumer Protection Act 1986 (The Act) against the final order dated 29.09.2012 passed by the Consumer Disputes Redressal Commission, Trivandrum, Kerala state (herein State Commission) in Appeal No. 666/03.

(2.) FACTS in brief The Petitioners were opposite parties in original compliant in District Forum file No 83/1997 and the Respondents were Complainants as husband and two children of deceased Shobhana.The Petitioners/Opposite Parties (OP) No 1 is Gynecologist and the Petitioner/OP No 2 is Chief Medical Officer and Petitioner/OP No 3 is Administrator of the Hospital. The patient Sobhana wife of Respondent/Complainant undergone delivery on 04.12.1995 at night 12.45 p.m. The duty doctor informed the OP -1 that delivery by vaccum extractor has failed. By 09.00 p.m. the OP -1 conducted episiotomy followed by forceps delivery and a still born baby was delivered. The baby was died by cord compression. Immediately after the delivery the patient had profused bleeding along with expulsion of placenta and due to fatal injury to uterus. The patient Sobhana died on 8/12/1995 at 5.20 pm .The death of male baby and Sobhana was due to reckless act o f OP -1. The OPs did not inform the critical condition of Sobhana relative even after repeated enquiries. Further OPs did not allow the relatives to transfer the patient to the medical college hospital. Subsequently on 08.12.1995 due to severe low blood pressure the patient died at 05.00 p.m. Thereafter, the complainant filed a complaint No.432/95 registered in the local Police Station under Section 304 of IPC. The Complainant also filed the Consumer Complaint No. OP/83/1997 in the District Consumer Disputes Redressal Forum, Alapuzha (hereinafter referred to as the District Forum) claiming an amount of Rs.4, 75,000/ - with interest and cost for having lost the affectionate and dedicated wife and children lost their mother. The opposite parties filed a joint version and contented that there are complicated questions of fact and law which need elaborate enquiry and matter is to be decided by Civil Court.

(3.) THE Session Court acquitted the first Petitioner for the charge of Section 304A of IPC. Against the acquittal a Criminal Appeal No. 203/08 was preferred by complainant before the Hon 'ble High Court of Kerala. The Appeal was dismissed on 08.08.2012.