GLOBAL HOSPITAL Vs. P. MANJULA

JUDGEMENT

(1.) These two First Appeals (FAs) have been filed under sec. 19 of Consumer Protection Act 1986, against the order dtd. 4/11/2016 of the State Consumer Disputes Redressal Commission, Telangana, Hyderabad, (hereinafter referred to as the 'State Commission'), in Consumer Complaint (CC) No. 18 of 2012. FA 1722 of 2016 has been filed by the Appellant, who was OP-1 before the State Commission in the said CC 18 of 2012, inter alia praying for setting aside the order dtd. 4/11/2016 of the State Commission. FA 1657 of 2017 has been filed by the Appellants, who were the Complainants in the said CC 18 of 2012, inter alia praying for enhancement of compensation granted by State Commission from Rs.18,00,000.00 to Rs.40,10,000.00 alongwith interest @18% p.a. from date of filing of complaint till the date of actual payment by Respondents. As both the Appeals have been filed against the same order of the State Commission, parties involved are the same, and issues for consideration/determination are related, these are being taken up together under this order. However, for the sake of convenience, First Appeal (FA) No. 1722 of 2016 is treated as the lead case and facts enumerated herein under are taken from FA 1722 of 2016. Notice was issued to the Respondent(s) in both the FAs on 15/5/2017 for (FA/1722/2016) and on 1/9/2017 for (FA/1657/2017) respectively. Both parties filed Written Arguments/Synopsis on 11/5/2023 and 19/5/2023 respectively.

(2.) Brief facts of the case, as emerged from the FAs, Order of the State Commission and other case records are that: -

(3.) Complainants filed consumer complaint before the State Commission alleging deficiency of service/medical negligence on the part of OPs and seeking compensation of Rs.40.00 lakhs. Vide Order dtd. 4/11/2016, the State Commission allowed the complaint and directed OP-1 Hospital to pay compensation of Rs.18,00,000.00 to the complainants together with costs of Rs.5,000.00. Complaint against OP-2 was dismissed.