DHARAM PAL Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Dharam Pal against the order dated 03.03.2015 of the State Consumer Disputes Redressal Commission, Haryana, (in short 'the State Commission') passed in First Appeal No.782 of 2013.

(2.) Brief facts of the case are that on 25.2.2009, Sh. Dharam Pal, S/o Sh. Sikander Lal, R/o Village Buria took his ailing wife to S.P. Hospital where the respondents Nos.2 and 3 diagnosed the ailment to be a Rasoli in her uterus. On 26.02.2009, the patient was operated upon and was sent back home in the evening the same day. The revisionist had to incur expenses to the tune of more than Rs.10,000/- and Rs.1000/- had to be paid for administration of anesthesia. The patient developed severe pain in the stomach next day and she was again brought to the same hospital. In the ultrasound, perforation of the intestine was revealed. On 28.02.2009, the second surgery was conducted and the patient's condition deteriorated to the extent that she had to be referred to P.G.M. College & Hospital Chandigarh. Accordingly, the patient was taken to P.G.M. College and Hospital on 03.03.2009 and had to undergo another operation this time for perforation. On 04.03.2009, despite the best efforts on the part of the doctors at the P.G.M. College and Hospital, patient Veena Rani, the revisionist's wife expired. On 09.10.2009, the consumer complaint was filed at District Consumer Disputes Redressal Forum Yamuna Nagar, (in short 'the District Forum'). The District Forum after considering all the facts and circumstances of the case vide order dated 30.09.2013, allowed complaint in favour of the revisionist and against the respondents as under:-

(3.) On 28.10.2013, the respondents, being aggrieved from the aforesaid order passed by the District Forum, filed an appeal before the State Commission, vide FA No.782 of 2013. On 03.03.2015, the State Commission passed an order thereby accepting the appeal filed by the respondents and setting aside the order dated 30.09.2013 passed by the District Forum and thereby dismissing the complaint of the revisionist.