BIMLA RANI Vs. ESI HOSPITAL

JUDGEMENT

(1.) The Petitioner/Original Complainant filing this Revision Petition against the order passed in FA/1254/2009 by State Consumer Disputes Redressal Commission, Punjab, Chandigarh (in short State Commission) allowed the appeal by setting aside the order of District Forum.

(2.) The Petitioner is the wife of the deceased Ashwini Kumar who was doing tailoring business with an earning of Rs.5,000/- per month. On 22.04.2001 he was admitted in ESI Hospital, Ludhiana i.e. Respondent-1 and discharged on 10.05.2001. On the discharge the nurse handed over the discharge slip to the husband of the Petitioner. Accordingly, medicines were purchased from the pharmacy of the same hospital and some medicine from the other medical store. On consumption of said medicines for few days the patient was admitted again on 26.05.2001 to the ESI Hospital who died there on the same day. Due to the Complainant filed the Complaint 420/2005 before the District Consumer Disputes Redressal Forum (in short District Forum) on 26.05.2005 for deficiency of service by R-1. The Complainant's further say was the discharge slip issued to her husband was wrong but it was in the name of Mr. Raghuvir Singh having ESI Card No.-866110 who was suffering from Tuberculosis/ Pneumonia whereas husband of the Petitioner was diagnosed and treated for Tuberculosis with Asthma. Hence he was put on asthmatic medicines also. Hence due to taking wrong medicines her husband died which led to a great shock and mental agony to the Petitioner. The Petitioner has filed a number of complaints to different authorities like SSP, Ludhiana, DGP, Punjab, Punjab Human Rights Commission, Punjab Mahila Commission, Chandigarh, but did not get satisfactory response for which the Petitioner filed a Complaint before the District Forum claiming Rs.5,00,000/- on the account of negligence and deficiency in service by R-1. The Respondents furnished the written statement denying the averments of the Complainant. The District Forum allowed the said complaint and the Respondents were directed to pay a compensation of Rs.1,00,000/- along with Rs.5,000/- as cost.

(3.) Aggrieved by the order of District Forum cross appeals were filed before state commission. The Opponents filed two separate Appeals F.A.No.1254/2009 by OP-1and F.A. 1160/2009 by OP No-2&3 with the prayer of setting aside the order of District Forum. Also the Petitioner filed the FA/1749/2009 for enhancement of the compensation. State Commission is going through the documents and materials placed on file and hearing the Counsels of both the sides as follows: