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B.N.AGRAWAL, A.K.MATHUR
SAVITA GARG – Appellant
Versus
DIRECTOR, NATIONAL HEART INSTITUTE – Respondent


Counsel for the Parties :
For the Appellant :Mr. Dinesh Kumar Garg and Mr. Manzoor Ali Khan, Advocates.
For the Respondent:Mr. Rajshekhar Rao, Advocate for Mr. Nikhil Nayyar, Advocate.

JUDGMENT

A.K. Mathur, J.—This appeal is directed against the order passed by the National Consumer Disputes Redressal Commission (hereinafter to be referred to as ‘the Commission’), New Delhi whereby the Commission has dismissed the original petition of the appellant on the ground of non-joinder of necessary parties.

2. Brief facts which are necessary for disposal of this appeal are as follows:

The appellant is the wife of one deceased A.K. Garg who was admitted to National Heart Institute (hereinafter referred to as ‘the institute’) for medical treatment and because of the negligence of the doctors of the Institute he could not get proper medical treatment and ultimately he died. The deceased A.K. Garg was employed as Electrical Engineer in I.D.P.L., Vir Bhadra (Rishikesh). The deceased was drawing a salary of Rs. 8,000/- per month at the time of his death. He left behind his family members namely, (i) Smt. Savita Garg (wife), (ii) Smt. Sushila Garg (mother), (iii) Shri Ankul Garg (son), (iv) Miss Ruchi (daughter), (v) Shri Sauragh (son) and (vi) Anoop Garg (brother). Prior to the admission of the deceased, A.K. Garg in the institute he was being treated at G.B. Pant Hospital and he












































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