BALIRAM DHONDIRAM PARESWAR Vs. SAKUNTALA DEVI THEVARKAR NARAYAN

JUDGEMENT

(1.) This Revision Petition has been filed by the Petitioners/Opposite Parties under Sec. 58(1)(a)(iii) of the Consumer Protection Act, 2019 against the Order dtd. 19/8/2020 passed by the State Consumer Disputes Redressal Commission, Maharashtra (for short "the State Commission") in First Appeal No. A/16/1153, wherein the Appeal filed by the Opposite Parties was dismissed.

(2.) Brief facts that, the Complainant/Respondent Smt. Sakuntala Devi Thevarkar Narayan (for short the "patient") sustained injuries to right wrist and elbow due to accident on 29/7/2011. She approached the Om Sai Hospital and consulted an Orthopaedic surgeon Dr. Bharat Rathod (the OP-2). On 30/7/2011 OP-2 performed K -wire fixation surgery of lower end radius fracture and plaster was also applied. However, the pain persisted in the elbow joint. Thereafter, on 11/11/2011, the Complainant consulted another Orthopaedic Surgeon Dr. Parag Mhatre, who opined that it was a case of comminuted Colle's fracture right hand and the previous Orthopaedic Surgeon as well as the Radiologist had missed the elbow injury (dislocation and fracture). Being aggrieved, the Complainant filed Complaint before the District Consumer Disputes Redressal Forum, Thane (for short, the "District Forum").

(3.) The District Forum partly allowed the Complaint and directed the Opposite Parties to pay compensation of Rs.3.00 lakhs jointly and severally in addition to the cost of litigation Rs.20,000.00.