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V.B.GUPTA, REKHA GUPTA
JYOSHNA RANI GHOSH – Appellant
Versus
SANJUKTA CURATIVES (NURSING HOME) – Respondent


Advocates Appeared:
Mr. D.B. Ray, Advocate, for the Appellant; Mr. Partap Sahani, Advocate, for the Respondent

ORDER

V.B. Gupta, Presiding Member - In this revision, there is challenge to order dated 31.12.2007, passed by Orissa State Consumer Disputes Redressal Commission, Cuttack (in short, "State Commission").

2. Brief facts are that petitioner No. 1/complainant No. 1 is widow of deceased Bijay Kumar Ghosh, whereas petitioner Nos. 2 to 6/complainant Nos. 2 to 6 are children of the deceased. Shri Bijay Kumar Ghosh died in the Nursing Home of respondent/opposite party, which is managed and owned by Dr. Baidya Nath Mishra, a specialist in medicine. The death of deceased occurred at 6.30 a.m. on 14.9.2003, while undergoing treatment in the Nursing Home. Deceased was an operator (Group-C) under Telecom Department, Cuttack drawing a salary of Rs. 9,939 p.m.

3. It is stated that on 13.9.2003, deceased complained of urinary troubles and for best treatment got himself admitted in above Nursing Home at 8.30 p.m. His was a known case of diabetes. Two hours after his admission, attending Dr. B.N. Mishra started medical check-up and treatment, initially reporting that no treatment is necessary. He was kept in-charge of a pharmacist who drained some food particles and fluid from his abdomen through a syr

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