LAWS(NCD)-2009-2-14

AZIZUL HAQ KHAN (DR.) @ LALLAN Vs. SHYAMAPATI

Decided On February 12, 2009
Azizul Haq Khan (Dr.) @ Lallan Appellant
V/S
Shyamapati Respondents

JUDGEMENT

(1.) MR . Anupam Das Gupta, Member: These cross appeals, impugning the order dated 21.7.2005 of the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (hereafter, the 'State Commission') in Complaint Case No. 109 of 2001, have been filed by the original opposite party No. 1 (hereafter referred to as 'Dr. Khan') and the original complainants (respondents in Appeal No. 418/appellants in Appeal No. 148 and hereafter referred to as the complainants'). By this order, the State Commission allowed the complaint, holding Dr. Khan guilty of medical negligence (deficiency in service in providing medical treatment to complainant No. 1) and directed him to pay to the complainants compensation of Rs. 75,000 within two months of the date of the order. Dr. Khan has filed his appeal (No. 418 of 2005) seeking setting aside of the impugned order while, as a response and hence after a delay of 195 days, the original complainants, have filed their appeal (No. 148 of 2006) seeking enhancement of the compensation awarded by the State Commission. We dispose of these two appeals by this common order.