IMPORTANT POINT
Expert opinion is not mandatory and that the Consumer Fora can based on the facts and circumstances of each case and the evidence placed on record, adjudicate the matter and need not necessarily refer to an Expert.—Para 10

M. Shreesha, Member—Aggrieved by the order dated 18.04.2012 in Consumer Complaint No. 92 of 2001, passed by the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (in short “the State Commission”), the Complainants and New India Assurance Co. Ltd. have preferred these First Appeals No. 293 and 425 of 2012, respectively, under Section 19 of the Consumer Protection Act, 1986 (in short “the Act”). By the impugned order, the State Commission has allowed the Complaint in part directing the Opposite Parties to pay compensation of Rs.3,00,000/- together with interest @ 9% p.a. from the date of filing of the Complaint till the date of realization and cost of Rs.5,000/-.

2. The facts in brief, are that late Sheetalben Desai (hereinafter referred to as ‘the Patient’), the first Complainant’s wife and the second Complainant’s mother consulted her family physician Dr. Joshi on 02.08.2000 with a complaint of fever. She was advised blood tests, which were carried out on 03.08.2000, and the reports of which were shown to Dr. Joshi, who prescribed some medicines, but there was no relief from fever. On 08.08.2000, Dr. Joshi referred her to the first Opposite Party Dr. Ashokbhai C Shah (hereinafter referred to as ‘the treating Doctor’) with a reference note. Some more investigative tests, like CBC, ESR, Urine examination and Widal test were recommended, the reports of which were shown to the treating Doctor, who prescribed some medicines and stated that the Patient is Cipro-sensitive. The Patient was also informed that the Widal test was negative. It is averred that as advised by the treating Doctor, the Patient was regularly taking her medication, but even as on 12.08.2000, the fever did not subside and she consulted the treating Doctor once again, who insisted that she come again on 14.08.2000. On 14.08.2000, on which date she was advised hospitalisation. It is pleaded that at around 12 noon saline and administration of injections were started, subsequent to which, the Patient suffered extraordinary sweating all over the body. The Patient started vomiting, but the treating Doctor examined her after two hours and took fresh blood samples. After four to five hours the Patient felt unbearable pain in her abdomen and the treating Doctor informed the Complainants at 8.30 p.m. that the situation was under control.

3. She was shifted to a special room on 15.08.2000, Dr. Dhiren Sheth (MS) consulted, who advised Sonography which was carried out by Dr. Hiren Doshi and the blood tests were carried out in two to three different laboratories, after which the doctor expressed his disagreement for operation. Thereafter, Dr. Ashwin Patel, Haematologist was consulted for kidney and blood problems. On 16.08.2000, it was decided to shift the Patient to Dr. Jivraj Mehta Hospital and the Complainants were informed that the Patient’s kidney was damaged. She was kept in the ICU at this Hospital for two days and thereafter, expired on 18.08.2000.

4. It is pleaded that the Patient was only 28 years old, when she expired and was a teacher earning Rs.2,000/- per month and that the first Complainant had lost his wife and the second Complainant the motherly love and affection, only on account of the negligence of the treating Doctor, who failed to diagnose the reason for the fever and did not exhibit due care and caution in treating the Patient. Hence, the Complainants approached the State Commission seeking the following reliefs:—

A. an order may please be passed that, respondent should pay Rs.18,86,000/- to the Complainants, against damage compensation for gross negligence in his service.

B. Any other relief which Hon’ble Court may deem fit, just and proper may please be ordered in favour of the Complainants.

C. Cost of this Complaint Rs.10,000/- may please be ordered in favour of complainant.

5. The treating Doctor in his defence, stated that the Patient had been referred to him by Dr. Joshi on 08.08.2000 and based on the diagnostic tests namely,