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2019 Supreme(SC) 266

A.M.SAPRE, DINESH MAHESHWARI
SHODA DEVI – Appellant
Versus
DDU/RIPON HOSPITAL SHIMLA – Respondent


Advocates Appeared:
For the Appellant :Aftab Ali Khan, M.Z. Chaudhary, Syed Mohammed Aatif, Ms. Heena Khan, Advocates.,
For the Respondent:Abhinav Mukerji, Mrs. Bihu Sharma, Siddharth Garg, Ms. Pratishtha Vij, Advocates.

JUDGMENT

Dinesh Maheshwari, J.

Leave granted.

2. This appeal by special leave is directed against the judgment and order dated 23.02.2018, as passed in First Appeal No. 348 of 2009, whereby the National Consumer Disputes Redressal Commission ('National Commission') has modified the order dated 03.08.2009, as passed by the Himachal Pradesh State Consumer Disputes Redressal Commission ('State Commission') in Complaint Case No. 11 of 2006; and while holding that the State Commission had wrongly exonerated the respondents for medical negligence and deficiency in service, has awarded compensation to the complainant-appellant in the sum of Rs. 2,00,000/- in addition to the ex gratia amount of Rs. 2,93,526/- allowed by the State Commission. In the present appeal, the complainant-appellant seeks enhancement of the amount of compensation with reference to the disablement and loss suffered by her due to the negligence of the respondents, which led to the amputation of her right arm above the elbow.

3. We may observe at the outset that the impugned judgment and order dated 23.02.2018, as passed by the National Commission in First Appeal No. 348 of 2009, holding the respondents liable for compensa

























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