The court emphasized the importance of providing a satisfactory explanation for the cause of death and highlighted the duty to follow routine medical practices in the case of an unnatural death.

ORDER

Dr. Jatin P. Vaidya, Member - These appeals filed by the original opponents were posted for hearing together at the request of the parties because all these appeals are preferred against the order of the learned Ahmedabad City Consumer Disputes Redressal Forum in Complaint No. 1184/94 dated 22.6.2004.

2. We have heard the learned advocates of the parties, perused the impugned judgment of the learned Ahmedabad City Forum and also taken into consideration the documents available on record, including the written submissions filed in these appeals.

3. The short and brief facts of the cases are that one Anjanaben wife of the original complainant No. 1 Nalinbhai Hiralal Modi, who was young and healthy, underwent family planning operation - the operation described by parties as minor one which does not cause death, but that in fact caused the death. The learned Ahmedabad City Forum after deliberations gave a verdict of opponents liable to pay compensation for medical negligence and deficiency in service. At no point of time during the entire procedure in Court the original opponents have explained fully and satisfactorily as to the fact that how and why the patient died, though the fact that was in exclusive knowledge of original opponents as the incident happened "within the four walls of operation theatre complex". The contention of opponents that post mortem was not agreed upon by the relatives of patient does not hold water as no consent is required in case where the death is unnatural (claim of opponent that this operation does not cause death). In fact they ought to have made it a medico legal case, informed the police and post-mortem should have been done as is the routine medical practice. The practice about which the opponents of such seniority as claimed, cannot be said to be or expected to be ignorant. We do not have any cogent convincing reasons given to us to say that normal healthy person who undergoes such an operation could die.

4. From the above described findings and discussed issues threadbare, the final order in our view, looking to the documents and presentation of parties, does not have any legal or factual flaw and we see no reason to interfere in the order of the learned Ahmedabad City Forum, with the result the following order:

ORDER

1. Appeal No. 682/2004 arising from the ORDER of Ahmedabad City Consumer Disputes Redressal Forum in Complaint No. 1184/1994 dated 22.6.2004 is dismissed.

2. Appeal No. 723/2004 arising from ORDER of Ahmedabad City Consumer Disputes Redressal Forum in Complaint No. 1184/1994 dated 22.6.2004 is dismissed.

3. Appeal No. 761/2004 arising from ORDER of Ahmedabad City Consumer Disputes Redressal Forum in Complaint No. 1184/1994 dated 22.6.2004 is dismissed.

There will be no order as to cost in appeals.