IMPORTANT POINT
A medical practitioner would be liable only where his conduct fell below that of standards of a reasonably competent practitioner in his field.

V.B. Gupta, Presiding Member—Appellants/Complainants have preferred this appeal under Section 19 of Consumer Protection Act, 1986 (for short, ‘Act’) against impugned order dated 29.08.2008, passed by A.P. State Consumer Disputes Redressal Commission, Hyderabad, in C.D. No.40 of 2003, vide which complaint filed by appellants was dismissed.

2. Brief facts are, that Respondent No.1/Opposite Party No.1 (R-1) is a proprietary concern and Dr.M.Padmanabh Reddy its sole proprietor. Respondent No.2/Opposite Party No.2-Hospital (R-2) is owned, managed and administered by R-1. Respondent No.3/Opposite Party No.3 (R-3) is Assistant Professor working in Government Maternity Hospital, Nayapool and also attends R-2 hospital as Consultant Obstetrician and Gynecologist. Respondent No.4/Opposite Party No.4 (R-4) was working as resident Obstetrician and Gynecologist in R-2, hospital. Respondents No.5 & 6/Opposite Parties No.5 & 6 (R-5 and 6) are Consultant Anesthesiologists of R-2, hospital. Respondent No.7/Opposite Party No.7 is the Insurance Company.

3. Appellant No.1 (A-1) is husband of deceased – Ms. Srilatha Reddy. Appellants No.2 & 3 are parents of deceased, who was their only daughter. Deceased was B.E. in 1st first division and did M.S (Computer Science) from Cleveland State University, Ohio State, U.S.A. from May 2000 to December 2001. During her studies at U.S.A., she secured Graduate Assistantship and was earning around $ 10,000 per annum. A-1 married deceased on 1.8.2001. A-1 did his M.B.B.S. and by the time of his marriage, got selected in Indian Foreign Service (IFS). A-2 is a practicing advocate at Hyderabad. The deceased was working with Gateway Software Solutions as project consultant and earning Rs.25,000/- per month and was planning to accompany her husband, wherever he was posted in service in India or abroad and also to take-up employment at such places. She was expecting to earn till the age of sixty-five years. A-1 was posted for 10 years in developed countries, 10 years in developing countries and 10 years in India. The deceased would have earned US$ 60,000 p.a. in the developed countries, US$ 20,000 p.a. in the developing countries. In India for 20 years, she would have earned on an average a sum of Rs.40,000/- per month. Thus, she could have earned a minimum of Rs.4.72 crores during her lifetime.

4. It is stated, that for delivery deceased was admitted in Jaya Nursing Home at Narayanaguda, Hyderabad on 5.3.2003 at about 10.00 A.M. A-1 came from New Delhi around 8:30 P.M. and found that said Nursing Home did not have ultrasound facility to check fetal well being. A-1 consulted Dr.V.S.Rajesh Khanna (PW-2), who took him to R-3 at Woodlands Hospital, Barkatpura, Hyderabad at around 10.15 P.M. for advice. R-3 directed for shifting the deceased immediately to R-2 hospital, where ultrasound facility is available. R-3 instructed over telephone to R-4 to admit the deceased in R-2 hospital. Acting on the said instruction of R-3, the deceased was admitted to R-2 hospital at about 11.30 P.M. on 5.3.2003. R-4, examined the deceased and opined, that ultrasound examination is not necessary, as there was sufficient amniotic fluid (amniotic fluid is fluid surrounding the fetus in the womb), normal fetal heart rate and deceased was in active labour with 3-4 cms. Cervical dilation (cervix is the lower segment of the uterus) and also normal vaginal delivery of baby would occur within 3 hours. R-4 also said, that they would administer epidural analgesia for relief of labour pains, since deceased complained of pain during vaginal examination.

5. Dr.V.S.Rajesh Khanna brought R-3 to hospital at 11:45 P.M. R-3 examined the deceased and concurred with the course of treatment suggested by R-4. All through, deceased was stable and in fact walked into the labour room without anybody’s support. At that stage, PW-2 left for home and A-1 was with