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2019 Supreme(SC) 580

D.Y.CHANDRACHUD, HEMANT GUPTA
Nand Kishore Prasad – Appellant
Versus
Mohib Hamidi – Respondent


Advocates Appeared:
For the Appellant : Ms. Kamlesh Jain, Adv. Mr. Pradeep Kumar Yadav, Adv. Ms. C. Rubavathi, Adv. Mr. M. A. Chinnasamy, AOR Ms. Richa Dhawan, Adv. Mr. S. Peer Mohammad, Adv.
For the Respondent: Mr. Rajeev Sharma, AOR

JUDGMENT :

Hemant Gupta, J.

The challenge in the present appeal is to an order passed by the National Consumer Disputes Redressal Commission [NCDRC] on 02.11.2015 whereby the original Opposite Party No. 3 (Respondent No. 1 herein) was absolved of the damages of Rs. 2,00,000/- imposed by State Consumer Disputes Redressal Commission [SCDRC] vide order dated 12.11.2014.

2. Sanjay Kumar aged about 15 years, son of the Appellant complained of abdominal pain, fever and haemorrhage in both eyes. Initially, the Appellant had taken his son to a physician Dr. Arun Tiwari on 08.11.1995 who advised some tests and medicines. He was advised to consult with the specialist as well. After examining the blood report, Dr. Arun Tiwari referred the patient to the Kurji Holy Family Hospital-original Opposite Party No. 1 on 10.11.1995. He was taken to the Hospital at about 8.00 PM. The recorded history of the patient is as under:

“A 15 years old male patient is admitted in 3A-7 with the complaints of fever, pain abdomen and hemorrhage from both eyes since 5 days.”

3. The patient was operated upon on 11.11.1995 when the platelets count was 35000 per cubic millimeter (cu.mm) at about 11.15 AM. Before the surger

























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