MUKHTHYAR SINGH Vs. KASTURI DEVI MUNSHI LAL

JUDGEMENT

(1.) Dr. S.M. Kantikar, Member.

(2.) THE complainant, Mukhthyar Singh's son (since deceased referred herein as a "patient"), was suffering from fever and vomiting. He was taken to Kasturi Devi Munshi Lal Mahila Evam Shishu Charitable Hospital (OP, in short referred to as "Kasturi Hospital") on 27.9.2010. After several pathology tests, Dr. S.K. Ravi, diagnosed it as viral fever, advised medicines. There was no cure, hence he got admitted in OP hospital on 30.09.2010 Again, few pathological tests were done, except Dengue test. As the OP hospital did not have MD doctor, the patient was taken to Gurunanak Hospital, Palwal, Haryana, in the late night of 30.09.2010. The patient became critical; hence, from there he was shifted to Fortis Escorts Hospital. On 01.10.2010, at 2.15 am, he was diagnosed as Dengue fever but the patient subsequently died in the morning at 11.15 am. Hence, alleging medical negligence, the complainant filed a complaint before the District Consumer Disputes Redressal Forum, Gautam Budh Nagar, (hereinafter referred to as "District Forum") for a compensation of Rs. 19,50,000/ -.

(3.) AGAINST the order of the District Forum, both the parties preferred first appeal before the State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow (hereinafter referred to as "State Commission"), i.e. F.A. No. 1474/2011 was filed by the OP, whereas F.A. No. 1526/2011 was filed by the complainant for enhancement of compensation. The State Commission dismissed the appeal filed by the complainant, whereas allowed the appeal filed by the OP.