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P.K.SHAMSUDDIN, K.BALAKRISHNAN, K.MADHURI LATHA
C. V. KUNHI MOOSA – Appellant
Versus
MOIDUS MEDICAL CARE PVT. LTD. – Respondent


Counsel for the Parties :
For the Complainant :M/s. Kunnathukal V. Sukumaran Nair & B. Balakrishna Menon, Advocates.
For the Opp. Parties No. 1 and 2 :M/s. M. Ashokan and S. Reghukumar, Advocates.
For the Opp. Party No. 4 :M/s. G. Sanjay & K. Abdussalam, Advocates.

ORDER

Mr. Justice P.K. Shamsuddin, President— This complaint is filed under Section 12 of the Consumer Protection Act claiming compensation attributing medical negligence on the part of the opposite parties.

2. The allegations in the complaint is that the complainant is a young, energetic and educated gentleman residing at Tellicherry and working as salesman in Doha Quater in M/s. Falcon Super Market from 18.1.1983 and his total salary of Rs. 28.000/- per month inclusive of all perks. During the month of April, 1993, the complainant was suffering from abdominal pain and he consulted Dr. K.M. Ahammed of Kadavathur and on examination he was not able to form a definite opinion and as he suspected a case of Renal Caculas, he referred vide letter dated 25.4.1993 to the 3rd opposite party Dr. Roy Chally. The 3rd opposite party admitted the complainant in the National Hospital, Calicut, on 6.5.1993 at 15.20 hrs. It was run by the first and second opposite parties.

3. It was also alleged that he underwent an operation and after operation he was paralised. Thereafter he was sent to Sree Chithira Thirunnal Institute for Medical Science and Technology, Thiruvananthapuram, and they opined that th







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