SULEKHA AND ORS. Vs. S. JAYAN AND ORS.

JUDGEMENT

(1.) These appeals arise out of single order of Learned State Commission; hence, decided by common order.

(2.) These appeals have been filed by the appellants against the order dated 3.8.2007 passed by the learned Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (in short, 'the State Commission') in OP No. 62/2001 S. Jayan & Ors. Vs. State of Kerala & ors. by which, while allowing complaint, OP No. 1,4,5& 7 were directed to pay jointly and severally Rs.5,32,000/- as compensation to Complainant No. 2 and further directed to pay Rs.2000/- as cost of the proceedings against which, these appeals have been filed.

(3.) Brief facts of the case are that complainant No. 2/respondent No. 2 was brought to the causality of SAT Hospital on 11.10.2000 by their parents Complainant No. 1 & 3/Respondent No. 1 & 3 and complainant No. 2 was admitted in ICU by doctors OP No. 4,5 & 7/Appellants. The 5th opposite party attended the child in the Intensive Care unit (ICU). After one week of the said admission the 4th to 7th opposite parties conducted surgery at the left hand of the 2nd complainant and ultimately resulted in the amputation of a portion of the left forearm. The opposite parties 4 to 7 were grossly negligent and the left forearm of the 2nd complainant was amputated. The opposite parties 4 to 7 doctors failed to exercise reasonable degree of skill and care in treating the 2nd complainant. Opposite parties 4 to 7 failed to take necessary precaution and reasonable care in the treatment at the preliminary stage and post-operative stage and that the same resulted in the impairment of the functions of left hand of the 2nd complainant and also in causing great sufferings and injuries to the complainants. The opposite parties 4 to 7 are attached to SAT hospital and are working under opposite parties 2 and 3. Opposite parties 2 to 7 are the employees of the Ist opposite party, the State of Kerala. Alleging deficiency on the part of OPs, complainant filed complaint before State Commission.