PINAKI RANJAN CHATTERJEE Vs. SRIKUMAR CHANDRA

JUDGEMENT

(1.) THE complainant Chatterjee's wife Ms. Mousami (hereinafter called as "patient") undergone caesarean operation (C -section) in the OP -2 hospital i.e. M.C. Dutta Memorial Hospital. It was performed by OP -1 Dr. Srikumar Chandra on 15.01.2004. During post -operative period, on 17.01.2004, patient noticed abdominal distention, which was released by complete douche given by OP -1 on 18.01.2004, but patient did not get any relief. The patient was discharged on 21.01.2004, but again readmitted in OP -2 on 29.01.2004 with further complications. The OP -1 could not find the reasons of complications, hence, referred her to Dr. A.K. Roy and thereafter, on 02.02.2004 patient got admitted to Apollo Gleneagles Hospital under observation of Dr. Bhaskar Pal. There, she was diagnosed as septicaemia with multi organ failure (MOF). During course of treatment, the patient expired on 21.02.2004 and cause of death given was "cardio pulmonary arrest, in this case septicaemia with MOF due to faecal peritonitis". Therefore, alleging negligence, the complainant filed complaint in District Consumer Disputes Redressal Forum, Birbum (Suri) on 07.04.2004 and prayed for total compensation of Rs. 14 lacs.

(2.) THE District Forum allowed the complaint and awarded Rs. 4 lacs towards medical costs and Rs. 8 lacs towards compensation for loss of life of his wife and mental agony.

(3.) AGGRIEVED by the order of the District Forum, on 30.05.2008, the OP -1 preferred first appeal before the State Consumer Disputes Redressal Commission, West Bengal. The State Commission allowed the appeal vide impugned order dated 17.12.2008. Therefore, aggrieved by the impugned order, the complainant preferred this revision petition.