S.K. VERMA Vs. KANTA DEVI

JUDGEMENT

(1.) This first appeal has been filed by Dr. S.K. Verma (hereinafter referred to as the 'appellant') being aggrieved by the order of the U.T. Chandigarh State Consumer Disputes Redressal Commission, Chandigarh (hereinafter referred to as the 'State Commission') which allowed the complaint of medical negligence filed against him by Smt. Kanta Devi and another (respondents herein) and original complainants before the State Commission.

(2.) Being aggrieved by the deficiency in service and medical negligence on the part of the Appellants, Respondent filed a complaint in the police station under Section 279 /304A /201, I.P.C. and also before the State Commission on grounds of medical negligence and deficiency in service and requested that both Appellants be directed to pay to Respondent a total compensation of Rs. 6,44,000 which included compensation for pain and mental agony, loss of dependency as also the expenditure incurred on medical treatment for both the surgeries and related items.

(3.) On being served, Appellants filed written rejoinder denying the above allegation and stated that the patient was operated by highly qualified doctors, who used their best professional judgment and skills to treat the patient. He was discharged after being cured following the first surgery and the second surgery was also successful. However, because of post-operative complications, namely, fat-embolism for which the doctors are not responsible. Patient's life could not be saved.