TRUPTI SHARMA Vs. BHAVIK MAHAJAN

JUDGEMENT

(1.) S.M. Kantikar, J, 1. This Order shall decide the instant 6 Appeals as titled above filed under Sec. 19 of the Consumer Protection Act 1986 ( in short "the Act") against the impugned order of the State Commission, Punjab and Chandigarh, dtd. 17/12/2020 in Consumer Complaint No 1008 and 1009 of 2018. The impugned order allowed the Complaint(s).

(2.) For the convenience, the parties are referred to as stated in the Complaint filed before the State Commission. The Complainants are minor twins filed two separate Complaints against the opposite parties for alleged medical negligence both the twins suffered Retinopathy Of Prematurity (ROP) and became blind throughout their life. The Complaints were filed by father of twins Rahul Mahajan as natural guardian against the OPs. The OP-1 Dr. Pankaj Sharma is a Paediatrician. His wife Dr. Trupti Sharma (OP-2) is an Ophthalmologist working at Om Praksah Eye Centre. The OP-3 is Dr. Surjit Singh, an ophthalmologist and the OP-4 is Oriental Insurance Company.

(3.) Brief facts that on 25/1/2017 Dr.Ashoo Goyal conducted delivery of Alka in City life-line Hospital. It was twin- premature delivery, one baby was breech presentation. The TWIN-1 Bhavik Mahajan @ Raghav was born at 6.09 PM, the birth weight was 750 g and the TWIN-2 Bhavish Mahajan @ Madhav was born at 6:30 PM, having birth weight 1700 g.