NEW INDIA ASSURANCE COMPANY LTD Vs. N EKAMBARAM

JUDGEMENT

(1.) This appeal is directed against the following operative part of the order dated 30th December, 2002 passed by the Madhya Pradesh Disputes Redressal Commission dismissing O.P. No. 19/1996:

(2.) Late Shri Nirmal Kumar Patni, who was the husband of the appellant No. 1 and the father of appellant Nos. 2 to 4 was a patient of diabetes and hypertension, and was treated by Dr. Shashank Vaidya for quite some time prior to 25.7.1995. On 25.7.1995, Shri Patni was advised to be admitted in the Apollo Nursing Home, Indore by Dr. Vaidya and upon the advice of the doctor, the complainants immediately got him admitted in the Apollo Nursing Home.

(3.) After the admission of the patient, Shri Patni, in the Nursing Home, Dr. Vaidya, Dr. Rajesh Kasliwal and Dr. Santosh Padhye were treating him continuously from 25.7.1995 till 29.7.1995, the date when the patient expired. Athale was also called on 27.7.1995 by Dr. Kasliwal and Dr. S.A. Vadiya. He died at the age of 62 years. The case of the appellant is that during his stay at Apollo Nursing Home, the opposite parties treated the patient with utter negligence and carelessness which caused his death.