SURESH CHANDRA Vs. KAILASH KABRA

JUDGEMENT

(1.) The Petitioner preferred the present Revision Petition against the impugned order of the State Consumer Disputes Redressal Commission (in short, 'State Commission'), Jaipur, Rajasthan, whereby the State Commission dismissed the First Appeal No. 1298 of 2011 filed by the Petitioner and affirmed the order passed by the District Consumer Disputes Redressal Forum (in short, 'District Forum'), Bhilwara, Rajasthan.

(2.) The relevant facts in this revision petition are that, on 15.09.2006, the complainant, Mr. Suresh Chandra, took his son Mangalam, aged 15 years (herein referred as, a "patient") for treatment of kidney stone in Krishna Hospital, Bhilwada. The Complainant deposited the fee of Rs.5,000/- and admitted his son. On that day, OP-1, Dr. Kailash Kabra was not present and the Complainant was informed by the subordinate staff and employee of OP-1, that he had gone out, for some work. The stone was crushed into pieces the stones of 13 mm, prescribed medicines and called for follow up and regular check-up. Thereupon, OP-1 advised the Complainant to come to Bhilwada clinic, on 27.11.2006, along with all the papers of treatment of his son. Sonography of his son was taken and OP-1 stated that it was normal and assured the Complainant that his son would recover soon, but there was no improvement in the condition of the patient. Thereafter, the patient was taken to Kidney Line Health Care Hospital, Ahmedabad on, 8.1.2007, for treatment and spent a sum of Rs.85,993/-. The Complainant alleged that OP-1 issued misleading advertisements and conducted the operation of his son, in a haste manner, by lithotripsy which amounts to gross medical negligence. Hence, filed a complaint before the District Forum, and claimed a sum of Rs.10,00,000/- as compensation, for mental agony and physical harassment and Rs.1,50,000/- towards monetary loss.

(3.) The District Forum partly allowed the complaint and held OP Nos. 1 to 4, liable for medical negligence and awarded a lump-sum amount of Rs.1,11,000/-, on the basis of contractual liability (Indemnity). The District Forum directed OP No.6, M/s Bajaj Alliance General Insurance Co. Ltd., to pay the awarded amount of Rs.1,11,000/- to the complainant.