RAJ KUMAR GARG Vs. RADHEY SHAM

JUDGEMENT

(1.) On 7.12.2009, the deceased Meeran, wife of Radhey Sham, the complainant was diagnosed as a case of Gall Stones by Dr. Raj Kumar Garg and Dr. Kamlesh Garg, the OP Nos. 1 & 2. She was operated on 13.12.2009 by OP-1 and 2, which was not successful. The OPs also failed to stitch the GB properly, there was leakage, which the OP 1 & 2 could not stop. Her condition further deteriorated due to infection and died on 22.01.2010. Complainant alleges that OP-1 & 2 were not competent to operate and they did not have any Degree or Diploma in Surgery and hence his wife died due to negligence on the part of OP. The Complainant has lost consortium, having three minor children who have deprived of love and affection of their mother due to negligence of OPs. He has also sustained mental agony and financial loss. The OP has failed to compensate the Complainant. Hence, a complaint was filed before District Consumer Disputes Redressal Forum (in short, 'District Forum').

(2.) The District Forum allowed the complaint and directed the OP-1 and 2 to pay Rs.3,00,000/- as consolidated compensation.

(3.) The OP preferred an appeal FA No.822/2011 before State Consumer Disputes Redressal Commission (in short, 'State Commission') which was dismissed.