SHEETLA PRASAD MISHRA Vs. DR. ANITA AGARWAL

JUDGEMENT

(1.) The complainant, Mr. Sheetala Prasad Mishra's wife delivered a girl child on at 8:00 A.M on 08 -07 -2003 in the Dinesh Nursing Home i.e. OP3. On 12 -07 -2003 she developed severe inflammation over her body. She was given sedative injection, blood transfusion, but on 13 -07 -2003 her condition became worsened and she was transferred to Dhanwantri Tomar Hospital, Bareilly. There she was diagnosed with septicaemia with high blood urea. As there was no improvement, therefore, she was sent to Lucknow Medical College on 15 -07 -2003 where she died. Therefore, alleging medical negligence complainant filed a complaint before the Bareilly District Consumer Disputes Redressal Forum (herein District Forum) claiming compensation to the tune of Rs.10,00,000/ -.

(2.) The District Forum and the State Commission dismissed the complaint; therefore, aggrieved by the impugned order of the State Commission, complainant filed this revision petition.

(3.) We have heard the counsel for both the parties. There is delay of 64 days in filing of this revision petition. We are satisfied with the reasons stated by the petitioner in the application for condonation of delay because the counsel in this matter suffered dengue and continuous backache. Counsel produced relevant medical certificate. Therefore, we condone the delay.