GREWAL HOSPITAL Vs. SHER SINGH

JUDGEMENT

(1.) This Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act") has been filed by the Opposite Parties in the complaint, questioning the legality and correctness of order dated 19.12.2012 passed by the Punjab State Consumer Disputes Redressal Commission at Chandigarh (for short "the State Commission") in FA No. 541/2012. The State Commission has overturned the order, dated 28.03.2012, of the District Consumer Disputes Redresal Forum, Ludhiana (for short "the District Forum") in Complaint No. 403 of 2010, dismissing the complaint filed by the Respondent herein. Petitioner No. 1 is the hospital, of which Petitioner No. 2, a consultant physician, and attending Doctor, is the proprietor.

(2.) Succinctly put, the background facts giving rise to the present Revision Petition are that on 06.06.2008 at about 10.00 a.m., son of the Respondent, aged about 52 years, was brought to the Hospital with a complaint of restlessness and excruciating pain all over the body. Petitioner No. 2 checked the blood pressure and took an Electrocardiogram (ECG), which revealed that the patient had suffered Acute Anterior Wall Myocardial Infarction (AMI). As per prescription slip, the patient was prescribed two tablets of Sorbitrate 10 mg., sublingual/STAT and two tablets of Clavix-AS STAT. He was referred to Hero Heart Centre, Ludhiana. Instead, the patient was taken to the Apollo Hospital in a car. Unfortunately, the patient died on way to the hospital.

(3.) The father of the deceased, Respondent herein, filed a complaint under Section 12 of the Act against the Petitioners alleging that: (i) instead of wasting 30 minutes in conducting ECG, etc, the vital parameters like temperature, pulse and blood pressure, etc. were not maintained; (ii) AMI was not managed by injecting medicine for opening the arteries and (iii) neither oxygen was given nor was an ambulance or assistance of any person was provided while referring the deceased to a Cardiac Center. It was pleaded that due to the aforesaid negligence on the part of the Petitioners, the deceased could not reach Apollo Hospital and lost his life. A compensation of Rs. 10,00,000/- was prayed for.