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2021 Supreme(SC) 774

HEMANT GUPTA, V.RAMASUBRAMANIAN
Bombay Hospital & Medical Research Centre – Appellant
Versus
Asha Jaiswal – Respondent


Advocates appeared:
For the parties :Bina Madhavan, Rao Vishwaja, M/S. Lawyer S Knit & Co, Nandini Gore, Karanveer Singh Anand, Pracheta Kar, Aditya Sidhra, Nadeem Afroz, M/s. Karanjawala & Co. Anil Kumar, Kamal Mohan Gupta, Ashwani Kumar, Advocates

JUDGMENT :

HEMANT GUPTA, J.

1. The present appeals are directed against an order passed by the National Consumer Disputes Redressal Commission1[For short, the ‘Commission’] on 06.01.2010 against the appellants i.e., Bombay Hospital & Medical Research Centre2[For short, the ‘Hospital’] and Dr. C. Anand Somaya3[For short, the ‘Doctor’], directing to pay a sum of Rs. 14,18,491/-along with interest @ 9% p.a. from the date of filing of the complaint till the date of payment.

2. The complaint was filed before the Commission by the legal heirs4[For short, the ‘Complainant’] of the deceased -patient Dinesh Jaiswal5[For short, the ‘patient’], alleging medical negligence on the part of the Hospital and the Doctor in treating the patient. The patient was admitted to the Hospital on 22.04.1998 and breathed his last on 12.06.1998. The Hospital charged a sum of Rs. 4,08,800/-for the treatment of the patient during the period of his admission in the Hospital. The said amount is included in and is part of the amount of compensation awarded against the appellants herein.

3. The patient was taking t

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