ANDHRA MAHILA Vs. K. DURDAIAH DINESH

JUDGEMENT

(1.) Aggrieved by the order in CC No.6 of 2009 dated 26-09-2012 passed by the Andhra Pradesh State Consumer Disputes Redressal Commission at Hyderabad (in short, 'The State Commission'), Andhra Mahila Sabha Durgabai Deshmukh Hospital and Research Centre and Dr. Varun Raju (hereinafter referred to as 'The Hospital' and the 'treating doctor') preferred F.A.No.168 of 2013 and the Complainants preferred F.A.No.657 of 2013 respectively. Since both these Appeals arise out of a common impugned order, they are being disposed of by this common order.

(2.) By the impugned order, the State Commission has allowed the Complaint in part directing the Hospital and the treating doctor to pay an amount of Rs.5,00,000/- with interest @ 5% p.a. from the date of Complaint till the date of payment, together with costs of Rs.7,000/-.

(3.) The facts material to the case are that the Complainants' son (hereinafter referred to as 'The Patient'), aged 22 years and an MBA student was suffering from abdominal pain and fever for three days prior to 26-12-2007 and he was admitted to the Hospital on the intervening night of 26/27-12-2007. It is averred that the Patient was diagnosed to be suffering from Appendicitis and after taking the opinion of the general surgeon, Appendectomy was performed on 28-12-2007. Thereafter, the Patient suffered from fever and chills on 30-12-2007, suffered abdominal pain on 31-12-2007 and, on 01-01-2008, the Patient was restless and he stopped passing urine. It is pleaded that the treating doctor who performed the operation was not available from 31-12-2007 to 01-01-2008.