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2017 Supreme(SC) 1303

ADARSH KUMAR GOEL, UDAY UMESH LALIT
Bijoy Sinha Roy (D) By Lr. – Appellant
Versus
Biswanath Das – Respondent


Counsel for the Parties:
For the Appellants:P.N. Mishra, Sr. Advocate, Suchit Mohanty and Anupam Lal Das, Advocates
For the Respondents:Vikram Jeet Banerjee, Sr. Advocate, Senthil Jagadeesan, Ms. Madhumita Bhattacharjee, Sanjay K. Ghosh, Ms. Rupali S. Ghosh and Avijit Bhattacharjee, Advocates

ORDER

Adarsh Kumar Goel, J

These appeals arise out of order of the National Consumer Disputes Redressal Commission (NCDRC) dated 12.09.2007 in First Appeal Nos.44 of 2006, 462 of 2005 and 463 of 2005 dismissing the complaint of the appellant (now represented by legal heirs) by reversing the order of the State Commission whereby compensation was awarded to him for medical negligence, resulting in death of his wife Bijoy Sinha Roy.(‘the deceased’).

2. The deceased had some menstrual problem in June, 1993. She consulted Dr. Bishwanath Das, respondent No.1, a Gynecologist on advise of her family physician, Dr. Pransankar Shah. It was found that she had multiple fibroids of varying sizes in uterus. She was advised to undergo Hysterectomy. After about five months, she had severe bleeding and was advised emergency Hysterectomy at Ashutosh Nursing Home. She was also suffering from high blood pressure and her hemoglobin was around 7 gm% which indicated that she was anemic. The treatment was given for the said problems but without much success. Finally, operation was conducted on 01.12.1993 at about 8.45 A.M. She did not regain consciousness and since the Nursing Home did not have the ICU facil































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