KURIEN ABRAHAM Vs. OMANA JACOB

JUDGEMENT

(1.) APPELLANT was the Complainant before the State Commission, where they had filed a complaint alleging medical negligence on the part of the respondents.

(2.) VERY briefly the facts of the case are that the deceased complainant Mini Kurian Jacob, on getting pregnant for the first time, contacted the first respondent Dr. Omana Jacob and was under her care. On 13.11.1995 the deceased was admitted in the 5th respondent hospital. The child was to be delivered on 17.11.1995. The patient was removed to the labour room at 8.30 am on 17.11.1995 but the first respondent/opposite party was not seen after that either by the patient or by the relatives of the deceased after 8 a.m. on 17.11.1995. A baby was delivered. Certain complications developed after the delivery and she was given drip but the deceased died at 7:45 pm on the same evening. It is in these circumstances a case of medical negligence was filed before the State Commission, who after hearing the parties and perusal of material on record including the evidence led by both the parties, held the 5th respondent, i.e., Pushpagiri Hospital, Thiruvalla medically negligent and awarded a compensation of Rs. 25,000/ - along with cost of Rs. 2,000/ -. Not satisfied with this relief, this Appeal has been filed before us for enhancement of compensation as per law.

(3.) UPON admission of appeal, notices were issued to the respondents. A reply was filed way back on 28.3.1999 on behalf of respondents No. 1 and 5. Notices were again issued to both the parties on 16.6.2006. There is neither any representation nor any presence on behalf of respondent Nos. 1, 2, 4 and 5. Notice sent to respondent No. 3 was received back with, postal remarks ˜addressee left. Since there is no specific relief claimed against Respondent No. 3 and Ld. Counsel for the Appellant delete her name from the array of parties and also does not press a claim against her. In these circumstances respondent .Nos. 1, 2,