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K.S.GUPTA, RAJYALAKSHMI RAO
JASBIR KAUR – Appellant
Versus
DUCHEM LABORATORIES LIMITED – Respondent


Advocates Appeared:
Mr. R.K. Vashisht, Advocate, for the Appellant; Mr. Aditya Narain, Mr. Subrotto Dev and Ms. Rajesheswari, Advocate, Mr. Kamal Ch., Advocate, Mr. G.S. Narula, Advocate, for the Respondent

ORDER

K.S. Gupta, Presiding Member - It is alleged in the amended complaint that the complainant after having fallen in her house on 6.5.1997, was taken to Batra Hospital, New Delhi where she was attended by OP No. 3-Doctor. X-ray of the complainant showed that she was having fracture in bone in her left thigh. Opposite party No. 3 suggested insertion of an Inter-locking Nail by way of operation. He procured Inter-locking Nail manufactured by Pfizer Inc. and Howmedica International Inc. through opposite party No. 2, authorized agent of OP No. 1 who was the distributor of the manufacturer in India. The number of Interlocking Nail was 10-380 (H) K340690. Complainant was discharged from hospital on 11.5.1997. It was further alleged that the complainant had severe pain at the place the Inter-locking Nail was inserted. She was, therefore, taken to Lok Nayak Jaiprakash Hospital at New Delhi on 26.6.1998. Her X-ray was taken which showed that the inserted Inter-locking Nail had broken. On 13.7.1998, broken Inter-locking Nail was removed and another Inter-locking Nail manufactured by the said Company was inserted on the advice of treating Orthopaedic Surgeon. It was stated that broken Inter

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