RAMESH IYER Vs. UMA S. BHAT

JUDGEMENT

(1.) The Appellants have filed the instant Appeal under Sec. 19 of the Consumer Protection Act, 1986 (in short 'the Act'), against the Order dtd. 19/9/2016 passed by the State Consumer Disputes Redressal Commission, Maharashtra (hereinafter referred to as the 'State Commission') in Consumer Complaint No. 188 of 2003, wherein the State Commission, allowed the Complaint filed by the Complainant (Respondent herein) and awarded compensation of Rs.10,00,000.00.

(2.) Brief facts are that on 23/3/2003, the Complainant's daughter Shalvi Bhat, 2 - years of age suddenly developed body rashes and then suffered high grade fever on the next day night. Their family doctor, Dr. Ganesh Godiyar examined the baby on 25/3/2003 and referred her to Dr. Ramesh Iyer's Hospital - the OPs for treatment. On 25/3/2003 the baby Salvi (for short, 'the patient') was admitted to the OP-2 Hospital and treated for 5 days till 29/3/2003. It was alleged that the patient's condition deteriorated further and due to lack of ICU and emergency treatment facilities, the Complainant was compelled to take the child to Nanavati Hospital. On 30/3/2003, the child was taken immediately to the Nanavati Hospital, but unfortunately the child expired at 01.45pm.

(3.) The Complainant Uma Bhat lodged a Police complaint on 11/4/2003 for the medical negligence causing death of her baby. The police referred the matter for opinion to Directorate of Health services, Govt. of Maharashtra. The Committee of Doctors found that Dr. Iyer had not properly recorded the medical treatment given to the child and the Committee held that the case paper prepared might be an afterthought and Dr. Iyer did not follow the normal procedure.