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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Prem Narain, Presiding Member
Manager, New India
Assurance Co. Ltd. and Anr. —Petitioners
versus
Dr. Vipul Rai and Ors. —Respondents
Revision Petition Nos.652 and 2291 of 2013
Decided on 3.1.2020
For the Petitioner for New India Assurance:Mr. P.K. Seth, Advocate
For the Respondent for Dr. Vipul Rai:Mr. K.G. Sharma and Mr. S.K. Roy, Advocates
For the Respondent for Veena Rani and Ors.:Mr. Shri Singh and Ms. Maneka Khanna, Advocates
IMPORTANT POINT
General doctor or B.A.M.S doctor is not authorised to give any anaesthesia.
Headnote:
Consumer Protection Act, 1986 – Section 21 – Revision – Medical Negligence – Surgery of piles – Cause of death was portal pyaemia with septicaemia with multiple organ failure – Treating doctor well-qualified B.A.M.S. (Ayurvedacharya) doctor – Surgery can be performed by a BAMS doctor – Anaesthetist is authorised to give anaesthesia to the patient before any operation and a general doctor or B.A.M.S doctor is not authorised to give any anaesthesia – Procedure has been performed with negligence – Act of the doctor is only of negligence in performing the operation – District Forum has awarded a compensation of Rs.6,22,000/- and out of which Rs.3,00,000/- is to be paid by the Insurance Company – Held that, order of the District Forum be complied with within a period of 45 days from the date of this order. [Paras 12, 16, 17 and 18]
Result: Revision dismissed.
ORDER
Revision Petition No.652 of 2013 has been filed by the petitioner Manager, New India Assurance Co. Ltd. and Revision Petition No.2291 of 2013 has been filed by Dr. Vipul Rai & others against the order dated 05.12.2012 of the State Consumer Disputes Redressal Commission, Haryana, (in short ‘the State Commission) passed in First Appeal No.955 of 2012 & First Appeal No.768 of 2012.
2. Brief facts of the case are that Sh. Suresh Kumar Monga a cashier in Punjab National Bank, Sirsa suffering from piles (Haemorrhoids) visited Dr. Vipul Rai running clinic under name and style of Monika Hospital at Rania Gate, Sirsa. Dr. Vipul Rai assured Suresh Kumar Monga in the presence of Smt. Veena Rani that he was a competent doctor for this disease. Dr. Vipul Rai admitted Suresh Monga to his hospital for treatment of piles on 15.10.2006. Dr. Vipul Rai tied a thread to haemorrhoids and performed surgery, made a cut with an instrument, and there was severe bleeding. Smt. Veena Rani complainant not being aware of competency of doctor to treat her husband was entirely at the mercy and suggestion of respondent-doctor. Smt. Veena Rani inquired about the condition of the patient and about severe bleeding from the respondent-doctor. Dr. Vipul Rai left the hospital on an excuse. The doctor discharged Suresh Monga on a lame excuse on 22.10.2006. Dr. Vipul Rail charged Rs.2,597/- on account of hospital charges (Rs.200/- operation theatre charges, Rs.400/- bed charges, Rs.497/- medicines charges and Rs.1,500/- surgery fee). Smt. Veena Rani came to know that Dr. Vipul Rai performed an operation and condition of her husband has deteriorated and her husband started vomiting and feeling difficulty in breathing. Dr. Vipul Rai left the patient and the members of the family in a critical condition. Suresh Monga was immediately shifted to Talwar Nursing Home, Sirsa with the help of a relative namely Pardeep Sachdeva. The doctor at Talwar Nursing Home, Sirsa found that the condition of the patient was critical due to operation by an unqualified doctor and referred the patient to tertiary care centre for ventilatory support and further management after about five hours at about 11.00 pm on 22.10.2006. Talwar Nursing Home,Sirsa charged Rs.3,000/-. Smt. Veena Rani took her husband to CMC Hisar and thereafter to Inderperstha Apollo Hospital, New Delhi. Suresh Monga remained admitted in Inderperstha Apollo Hospital, New Delhi from 23.10.2006 till death at 09.50 am on 2.11.2006. The cause of death was portal pyaemia with septicaemia with multiple organ failure. The complainant spent an amount of Rs.5,50,000/- on the treatment of her husband. Smt. Veena Rani alleged that Suresh Monga died due to negligence on the part of Dr. Vipul Rai who was not competent or qualified to perform surgery and to prescribe allopathic medicines and filed a consumer complaint for adequate compensation, costs of litigation etc.under Section 12 of the Consumer Protection Act, 1986. Dr. Vipul Rai, Monika Hospital, Sirsa appeared and filed written version in the case. It was averred that the respondent-doctor is qualified B.A. M.S. and is registered under the Ayurvadic and Unani Medical Council (Haryana) under the Indian Medicine Central Council Act and a qualified and experienced, medical practitioner, Suresh Kumar Monga was admitted to the clinic for piles in anus and was treated to the best of knowledge and skill from 15.10.2006 to 22.10.2006. Suresh Kumar Monga was cured and was charged doctor fee and hospital charges. The respondent-doctor maintains a standard hospital, with all required medicines and apparatus as per specifications. Suresh Kumar Monga was in good condition during stay in the hospital. It was denied that opposite party was responsible for the death of Suresh Kumar. All the remaining allegations were specifically denied and it was prayed that the complaint be dismissed with costs.
3. The District Consumer Disputes Redressal Forum, Sirsa, (in short ‘District Forum’) vide
