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2019 Supreme(SC) 311

D.Y.CHANDRACHUD, HEMANT GUPTA
ARUN KUMAR MANGLIK – Appellant
Versus
CHIRAYU HEALTH AND MEDICARE PRIVATE LTD. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Brijender Chahar, Mr. Birendra Kumar Mishra, Mr. Shashi Bhushan, Ms. Poonam Atey, Adv.
For the Respondent: Mr. Ankur Mittal, Mr. U.C. Mittal, Ms. Nidhi Mittal, Adv.

JUDGMENT :

Dr Dhananjaya Y. Chandrachud, J.

1. Delay condoned.

2. Leave granted.

3. The National Consumer Disputes Redressal Commission [NCDRC] has set aside an order of the MP State Consumer Disputes Redressal Commission [SCDRC] holding the respondents guilty of medical negligence in the treatment of the spouse of the appellant which eventually led to her death on 15 November 2009. In consequence, the award of compensation of Rs. 6,00,000 awarded, together with interest, has been reversed.

4. The spouse of the appellant, Madhu Manglik, was about 56 years of age, when on 14 November, 2009, she was diagnosed with dengue fever. The report of the pathological laboratory, Glaze Pathology, reported the following state of health:

“RBC- 4.21 Million/cmm

Hb-12,1 gm/d/ TLC-1900/Cmm

Platelet Count 1.79 lakh/cmm

Dengue Ns 1 Antigen - Positive”

The patient was admitted to Chirayu Health & Medicare hospital at Bhopal at about 7 am on 15 November 2009. She was immediately admitted to the Intensive Care Unit. Though she was afebrile, she reported accompanying signs of dengue fever including headache, body ache and a general sense of restlessness. The patient had a prior medical history which included cathe



































































































































































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