MATHA HOSPITAL & 4 ORS. REP BY ITS MANAGING DIRECTOR, MR.SABU SEBASTIN, MATHA HOSPITAL, THELLAKOM, KOTTAYAM KERALA Vs. LATHIKA & ANR. W/O VENUGOPOAN, KONATHUSSERIL HOUSE, P.O VARANAD, CHERTHALA,ALAPPUZHA, KERALA

JUDGEMENT

(1.) By this Revision Petition, the Hospital, viz., Matha Hospital, its Directors and the treating doctor, Opposite Party No.3 in the Complaint, question the correctness and legality of the order dated 27.2.2015, passed by the Kerala State Consumer Disputes Redressal Commission at Thiruvananthapuram (for short the State Commission ), in First Appeals No.640/2013 and 14/2014. By the impugned order, the State Commission, while allowing the Appeal of the Insurance Company, Opposite Party No.6 in the Complaint, has otherwise affirmed the order dated 12.9.2013 passed by the District Consumer Disputes Redressal Forum, Kottayam (for short the District Forum ) in CC No.122/2010, on merits. By the said order, the District Forum, had concluded that there was negligence on the part of the treating doctor, Petitioner No.3 herein, in conducting the Hysterectomy by key hole procedure, had directed the Insurance Company, to pay to the Complainant a sum of Rs. 10,00,000.00 as compensation with interest at the rate of 10% from the date of filing of the Complaint till realization, besides costs quantified at Rs. 5,000.00.

(2.) Succinctly put, the occasion to file the Complaint arose under the following circumstances :

(3.) Being aggrieved by the deficiency on the part of the treating doctor in performing the Hysterectomy surgery, resulting in loss of one kidney, the Complainant filed the Complaint, claiming a compensation of Rs. 16,50,000.00 on which the afore-noted order was passed by the District Forum.