CALCUTTA MEDICAL RESEARCH INSTITUTE Vs. BIMALESH CHATTERJEE

JUDGEMENT

(1.) THIS appeal arises out of a decision by the West Bengal State Consumer Disputes Redressal Commission whereby the State Commission has awarded, inter alia, the following sums :

(2.) WE upheld the above order to the extent it concerns the Insurance Company and have dismissed the appeal by the Insurance Company and accordingly uphold the impugned order to the extent it affects the Insurance Company.

(3.) THUS it is clear from this certificate that the patient was already suffering from end stage renal disease and was undergoing maintenance haemodialysis which means he was already critical even in June, 1993. Further the complainant has filed documents which are completely lacking in the essential technical details. We also find that the said patient ultimately died on 23rd July, 1997 which means he survived for four years after the treatment complained of. No evidence has been brought on record to link the blood transfusion with any of the resultant complications in the case. Nor has any evidence been led which would go to show the hospital/appellant or any of its doctors had been negligent. In the absence of such evidence it cannot be held that the appellant or its doctors were guilty of any negligence or deficiency in service. The onus of proving negligence and resultant deficiency in service was clearly on the complainant which onus has not been discharged. In that view of the matter, the impugned order qua this appellant cannot be sustained and is hereby set aside. The result is mat the appeal is accepted to the extent of the finding and the relief granted in the impugned order against the appellant and the impugned order to that extent is set aside. Rest of the order which is against the Insurance Company is upheld. In the facts and circumstances of the case, there will be no order as to costs. Appeal Partly allowed.