HRISHIKESH ROY, MANOJ MISRA
M. A. Biviji – Appellant
Versus
Sunita – Respondent
JUDGMENT :
(Hrishikesh Roy, J.)
Delay condoned.
2. The Civil Appeals have been filed under Section 23 of The Consumer Protection Act, 1986, (hereinafter referred to as the, ‘Act, 1986’) assailing the impugned decision passed on 16.02.2018 by the National Consumer Disputes Redressal Commission (hereinafter, ‘NCDRC’) in Consumer Case No. 48 of 2005 filed by Mrs. Sunita Parvate. The NCDRC directed Suretech Hospital and Research Centre Private Limited, a Hospital in Nagpur, Dr. Nirmal Jaiswal, Chief Consultant and Intensive Care Unit In-charge, at Suretech Hospital, Dr. Madhusudan Shendre, ENT Surgeon at Suretech Hospital, and Dr. M. A. Biviji, Radiologist at Suretech Hospital to jointly and severally pay Rs. 6,11,638/- as compensation for medical negligence to Mrs. Sunita (Complainant) with 9 % simple interest from the date of filing of the complaint till the date of actual payment, within six weeks. Additionally, the NCDRC directed that Rs. 50,000/- to be paid to Mrs. Sunita as cost towards litigation expenses. The medical negligence was proved on account of the unjustifiable and forceful performance of Nasotracheal Intubation (hereinafter, ‘NI’) procedure on Mrs. Sunita on 13.05.2004
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