T DAS Vs. MAMONI KHATUN & 4 ORS ; NATIONAL INSTITUTE FOR ORTHOPEDICALY HANDICAPPED, BONHOOGHLY, KOLKATA; DIRECTOR, NATIONAL INSTITUTE FOR ORTHOPEDICALY HANDICAPPED; HEAD OF DEPT, NATIONAL INSTITUTE FOR ORTHOPEDICALY HANDICAPPED; A BISWAS, ASST PROF (PMR), NATIONAL INSTITUTE FOR ORTHOPEDICALY HANDICAPPED

JUDGEMENT

(1.) These two appeals have been filed by the appellants (original opposite parties) under section 19 of the Consumer Protection Act, 1986, against the impugned order dated 11.04.2018 passed in Consumer Complaint No. CC/234/2016 by the State Consumer Disputes Redressal Commission, West Bengal (hereinafter referred to as "the State Commission") vide which, while allowing the consumer complaint, the opposite parties no. 1, 2 and 3 were directed to pay Rs. 2 lakh each and the opposite parties no. 4 & 5 doctors were also directed to pay Rs. 4 lakh each as compensation to the complainant failing which the awarded amount should also carry interest @ 9% per annum to be paid by the opposite parties.

(2.) The brief facts of the case are that the complainant, Mamoni Khatoon, who was physically challenged / suffering from polio (80% handicapped) approached opposite party no. 1 on 10.11.2014 for fixation of Hip Knee Ankle Foot Orthosis (HKAFO) to facilitate easy and comfortable walking. On 15.12.2014, she got admitted to OP-1-National Institute for Orthopedically Handicapped (herein-after referred as 'NIOH') for fixation of HKAFO under opposite party no. 4-Dr. A. Biswas, however, instead of fixation, the patient was referred to indoor physiotherapy and to MPO Department for necessary rehabilitation. Almost after one month, for the trial, semi finished HKAFO was given to her. She alleged that on 12.02.2015, while undergoing Indoor physiotherapy, the physiotherapist left the complainant without providing any support, therefore, she fell down and suffered severe injury to her polio affected leg. The treating doctor/OP-4 did not attend her that time. After the injury, opposite party no. 5 - Dr. T. Das plastered her injured leg on 19.02.2015 and discharged on 27.03.2015, however, severe pain continued. She visited SSKM hospital on 27.03.2015 and Ulberia S.D. Hospital on 03.04.2015 where the injured leg was again plastered and the complainant was further referred to R.G. Kar Medical College and Hospital. The complainant alleged that, due to medical negligence and deficiency in service from opposite parties, her easy and comfortable walking was not restored. Being aggrieved, she filed a complaint before the State Commission.

(3.) The State Commission decided the matter ex-parte against the opposite parties and the complaint was allowed. The doctors - opposite parties no. 4 and 5 are directed to pay Rs. 4 lakh each and OPs 1 to 3 were held vicariously liable to pay Rs. 2 lakh each.