ORDER

Dr. S.M. Kantikar, Presiding Member.—Both the Appeals have been filed against the Final Judgement / Order dated 09.12.2009 passed by the State Consumer Disputes Redressal Commission, Odisha, Cuttack (hereinafter referred to as the “State Commission”) in Consumer Complaint No. 57 of 2001 wherein the State Commission did not hold the Opposite Parties liable for medical negligence and dismissed the complaint. However it held the Tata Memorial Hospital for functional irregularities and ordered the Opposite Parties Nos. 1 & 2 to compensate the Complainant No. 2 by making a payment of Rs. 1 lakh plus Rs. 10,000/- towards the cost of litigation.

2. For the convenience, the facts are drawn from First Appeal No. 53 of 2010. The Appellants were complainants and the Respondents were the Opposite Parties in the complaint and they are accordingly referred in this Order.

3. Brief facts:

The Complainant No. 1 is voluntary Consumer Association and the Complainant No. 2 (Shyam Sundar Dash) is the employee of IMFA Ltd. at Therubali (Odisha). His daughter Shrutilekha Dash, about 16 years of age, (since deceased, hereinafter referred to as the “patient”) was taken to IMFA Hopsital, Therubali i