S. MOHANKUMAR Vs. MANGAYARKARASI

JUDGEMENT

(1.) This Order shall decide both the first appeals arising from the impugned Judgment /Order dtd. 3/2/2012 passed by the State Consumer Disputes Redressal Commission, Puducherry (hereinafter referred to as the 'State Commission') in Dispute no. 2/2006, wherein the State Commission allowed the complaint and awarded compensation to the tune of Rs.12,00,000.00 and Rs.2,00,000.00 towards costs.

(2.) For the convenience, the parties are being referred to as in the Complaint before the State Commission

(3.) Brief relevant facts of the case are that the Complainant Mrs. G. Mangayarkarasi (for short, 'the patient'), an auto rickshaw driver was suffering from thyroid problem. She consulted Dr. Mohan Kumar (OP-2) in his private clinic. He was working in Govt. General Hospital, Puducherry (OP-5). On 4/3/2003, he performed thyroid surgery and discharged her on 10/3/2003. It was alleged that the Complainant suffered pain in throat and vocal cord, unable to speak properly for which the OP-2 advised to wait for some weeks to heal the surgical wound to recover her voice. She took follow-up treatment in the OPD of OP-5 Hospital and also at private clinic of OP-2. During the treatment period, the patient conceived and delivered a male baby at Govt. Maternity Hospital, Puducherry.