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V.K.JAIN, B.C.GUPTA
Manishbhai Kantilal Joshi – Appellant
Versus
Sheth P. T. Surat General Hospital – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. Rahul Trivedi, Advocate
For the Opp.Party Nos.1 & 3:Mr. R.K. Kohli, Advocate
For the Opp.Party Nos.2:Mr. Rohan Swarup, Advocate

ORDER (ORAL)

V.K. Jain, Presiding Member—Late Shri Kanti Lal C. Joshi, aged about 86 years, father of the complainant was admitted in Sheth P.T Surat General Hospital (Opposite Party No.1) on 19.11.2012. He was admitted under another doctor, but later put under the treatment of opposite party No.2 Dr. Sameer Gami. He expired at about 2.30 AM on 21.11.2012 while on ventilator. In the night of 20.11.2012, he was under the care of opposite party no.3 Dr. S.S. Indorwala after OP No.2 Dr. Sameer Gami had retired for the day. Alleging negligence in the treatment of his father, the complainant is before this Commission seeking compensation quantified at Rs.2 Crores along with cost of litigation quantified at Rs.50,000/-.

2. When this complaint came up for consideration on 26.09.2014, the learned counsel for the complainant submitted that the main grievance of the complainant was that the OP No.2 Dr. Sameer Gami had left for outstation when the deceased was still admitted in the hospital and was under his treatment, without giving the instructions to the OP no.3 Dr. S.S. Indorwala, who otherwise was not a qualified specialist in the relevant field.

3. In his reply, the OP No.2 Dr. Sameer Gami










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