GOVIND SHAMRA Vs. SEVAYATAM HOSPITAL SODALA

JUDGEMENT

(1.) Challenge in these two Revision Petitions bearing Nos. 3540/2008 and 3874/2008 filed by the Complainant and the Hospital respectively, under Section 21-b of the Consumer Protection Act (for short "the Act"), are to the Appeals bearing No. 362 and 339 of 2004 respectively on the file of the State Consumer Disputes Redressal Commission, Rajasthan, Jaipur (for short "the State Commission"). By the impugned order the State Commission partly allowed the Appeal of the Complainant and directed the Opposite Party Hospital to pay compensation to the Complainant of Rs. 2,00,000/- and further directed that out of the same, a fixed deposit of Rs. 75,000/- to be made in name of each of the children for the period till they attained majority. However, the Appeal preferred by the Hospital was dismissed.

(2.) The brief facts stated in the complaint are that:-

(3.) The Opposite Party filed their reply admitting that the delivery of the Patient had taken place at the Hospital and that she had delivered twins and that the consent was taken from the Patient's mother and that all the preliminary necessary tests were done and the results were found normal. The Hospital denies that the hemoglobin of the Patient was only 7.5 gm and pleaded that on 01.06.1998 when the Patient was initially brought to the Hospital for treatment, her hemoglobin was 7.5 gm but thereafter by 01.09.1998, i.e. after three months, her hemoglobin percentage increased to 8.6 gm which level is found in 50% of the women in India and for which immediate transfusion is never done. The Hospital denies that the Complainant's relatives had provided the necessary blood. There was no requisition given by them to the Complainant, nor the Complainant had produced any such documentary evidence. It was never disclosed to them as to whether the blood was brought for the Patient. They also deny that as per Medical Standard, at the time of delivery the hemoglobin ought to be 10 to 12 gm. They also denied that had the delivery been done by C-Section, the Patient would not have suffered from postpartum hemorrhage (PPH). PPH may arise even when sometimes uterus has to be removed.