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ASHOK BHAN, VINEETA RAI
Minor Nisha @ Pinki Kutarmal Soni – Appellant
Versus
Suresh Madan Patel – Respondent


Advocate Appeared:
For the Appellants :Mr. P.B. Suresh, Advocate as Amicus Curiae.
For the Respondent:Mr. S.K. Sharma and Mr. S.J. Mehta, Advocates.

ORDER :

VINEETA RAI, MEMBER

1. This First Appeal has been filed on behalf of two minors Nisha and Ravi (children of deceased Kutarmal Soni) by Rameshbhai, their uncle and next friend (hereinafter referred to as the ‘Appellants’) being aggrieved by the order of the State Consumer Disputes Redressal Commission, Gujarat (hereinafter referred to as the ‘State Commission’) in Complaint No.1/1999 which had dismissed their complaint of medical negligence against Dr. Suresh Madan Patel, opposite party before the State Commission and Respondent herein.

2. In their complaint before the State Commission, Appellants had contended that their father Kutarmal Soni (hereinafter referred to as the ‘patient’) who was suffering from fever and chills was taken to the Respondent/doctor who after due examination stated that he had. Malaria and needed hospitalization. It was contended that Respondent/doctor ran his hospital along with one Dr. Akash Singh. Initially glucose bottles were administered to the patient and thereafter an injection was given by the Respondent/doctor in the hip region. However, proper care was not taken while giving the injection because of which there was bleeding at its site and l

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