JUDGMENT :

PRASHANT KUMAR MISHRA, J.

The present appeal is directed against the order passed by the National Consumer Disputes Redressal Commission¹[(for short, ‘the Commission’)] dated 03.08.2010 whereby the complaint filed by the appellant and proforma respondent No. 3 under Section 2 (c)(iii) of the Consumer Protection Act, 1986²[(for short, ‘the Act’)] was rejected.

2. The complainant-appellant is the wife of the deceased patient namely, Sankar Rajan³[(for short, ‘the deceased’)], who was 37 years old and died on 06.11.1998 in the hospital-respondent no. 1 herein while undergoing follow up care and treatment after a major neurosurgery in the care of respondent nos. 1 and 2. The deceased was under the employment of proforma respondent no. 3 and was earning handsome annual package at the time of his demise.

3. The deceased was suffering from Chiari Malformations (Type II) with Hydrocephalous. The deceased consulted Dr. Ravi Bhatia – respondent no. 2, Senior Consultant, Department of Neurosurgery of respondent no. 1-hospital on 21.10.1998, who advised him to get admitted to respondent no. 1-hospital where the surgery would be performed by him. As per the advice of respondent no. 2, th