SUDHIR MOHAN KANT Vs. RAMADHAR SINGH & ANR

JUDGEMENT

(1.) Challenge in these Revision Petitions under Section 21 (b) of the Consumer Protection Act (in short "the Act") is to the order dated 30.09.2011 in First Appeal No. 463 of 2007, passed by the State Consumer Disputes Redressal Commission, Bihar, Patna (in short "the State Commission"). By the impugned order, the State Commission has reduced the compensation awarded by the District Consumer Disputes Redressal Forum, Gaya (In short, "The District Forum") from Rs. 10,00,000/- to Rs. 4,00,000/- to be paid by Dr. Sudhir Mohan Kanth (hereinafter referred to as "the treating Doctor") to the Complainant with costs of Rs. 2,000/-. Out of the said amount, 3,00,000/- was directed to be paid by the Oriental Insurance Company to the Complainant with default interest @9% p.a., if the amount was not paid within two months from the date of the order.

(2.) The facts material to the case are that the Complainant took his wife Bachhan Devi (hereinafter referred to as 'the Patient') to the treating Doctor for treatment of a problem in her uterus; the Doctor advised operation TAB (Total Abdominal Hysterectomy); the requisite amounts were deposited; operation was performed on 14.08.2005 at about 12-00 noon; the patient was having difficulty in breathing and an oxygen pipe was affixed. The patient did not gain consciousness till 7-00 P.M. and the Complainant was informed that he was to deposit another Rs. 5,000/- for a second operation to be performed on the patient. It was averred that being helpless and keeping in view the serious condition of the patient, the Complainant signed where the treating Doctor asked him to sign. It was stated that on further enquiry, the Complainant was informed that the patient would regain consciousness after some time and thereafter, the Doctor left for his residence. It was pleaded that on 15.08.2005, the patient remained comatose and when the Complainant informed the same to the treating Doctor he was told to consult Dr. P.K. Sinha, who demanded Rs. 1,000/- towards fees and treated the patient at the Clinic itself, but the patient did not regain her senses till 19.08.2005. On 19.08.2005, the treating Doctor called Dr. Sharda Nand Sinha, who advised C.T. Scan of the Brain, which report showed that the patient was operated on 14.08.2005 and that the patient did not regain her senses only because more than the prescribed limit of Anaesthesia was administered.

(3.) Dr. Sharda Nand Sinha referred the patient to Rajeshwar Hospital Patna. On 19.08.2005 after paying Rs. 2,000/- towards bed and service charges, the Complainant took the patient who was in the comatose condition to Rajeshwar Hospital, Patna, where an ultrasound of abdomen was conducted and it was found normal. There was no improvement in the patient's condition till 03.09.2005. Thereafter, she was treated by Dr. Gauri Shanker Singh at Patna, who referred the patient to Chand Hospital, Patna. On 03.09.2005, Dr. S.M. Rohatgi of Chand Hospital treated the patient and in his prescription, he clearly wrote that large quantity of 'Ether' was used. Till 09.10.2005, the patient remained under the treatment of Dr. S.M. Rohatgi and his medicines continued. Dissatisfied with the treatment, on 10.10.2005, the Complainant took the patient to Dr. Yamuna Prasad Sinha, who further referred the patient to Dr. K.K. Sinha, Ranchi for treatment. On 17.10.2005, the Complainant arranged for some money and took the patient to Dr. K.K. Sinha. It was averred that the patient was not capable of sitting or standing or even recognizing any person and that liquid food had to be given through a pipe. A catheter pipe was also fixed for the purpose of urination and she remained hanging between life and death since 14.08.2005.