The main legal point established in the judgment is that services rendered at a Government hospital where no charge is made from any person availing the services and all patients are given free service are outside the purview of the expression 'service' as defined in Section 2(1)(o) of the Consumer Protection Act.

ORDER :

Mr. Justice K.S. Chaudhari, Presiding Member-These appeals arise out of single order of learned State Commission; hence, decided by common order.

2. These appeals have been filed by the appellants against the order dated 3.8.2007 passed by the learned Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (in short, ‘the State Commission’) in OP No. 62/2001, S. Jayan & Ors. v. State of Kerala & Ors. by which, while allowing complaint, OP Nos. 1, 4, 5 and 7 were directed to pay jointly and severally Rs. 5,32,000 as compensation to Complainant No. 2 and further directed to pay Rs. 2000 as cost of the proceedings against which, these appeals have been filed.

3. Brief facts of the case are that complainant No. 2/respondent No. 2 was brought to the causality of SAT Hospital on 11.10.2000 by their parents Complainant Nos. 1 and 3/Respondent Nos. 1 and 3 and complainant No. 2 was admitted in ICU by doctors OP No. 4, 5 and 7/Appellants. The 5th opposite party attended the child in the Intensive Care Unit (ICU). After one week of the said admission the 4th to 7th opposite parties conducted surgery at the left hand of the 2nd complainant and ultimately resulted in the amputation of a portion of the left forearm. The opposite parties 4 to 7 were grossly negligent and the left forearm of the 2nd complainant was amputated. The opposite parties 4 to 7 doctors failed to exercise reasonable degree of skill and care in treating the 2nd complainant. Opposite parties 4 to 7 failed to take necessary precaution and reasonable care in the treatment at the preliminary stage and post-operative stage and that the same resulted in the impairment of the functions of left hand of the 2nd complainant and also in causing great sufferings and injuries to the complainants. The opposite parties 4 to 7 are attached to SAT hospital and are working under opposite parties 2 and 3. Opposite parties 2 to 7 are the employees of the 1st opposite party, the State of Kerala. Alleging deficiency on the part of OPs, complainant filed complaint before State Commission.

4. OP Nos. 1 to 3 resisted complaint and submitted that the complaint was not maintainable in law or on facts. 2nd complainant was admitted in SAT Hospital casualty on 11.10.2000 at 1 p.m. with history of high fever and convulsions for which he was getting treatment from outside. His condition was grave. He was febrile and had central cyanosis. He was comatosed and not responding to painful stimuli. He was given resuscitation, Diazepam and phonation even to control the fits. He was admitted in Intensive Care Unit at 2.50 p.m. after resuscitation on 11.10.2000 as In-patient No. 37877. He was seen by duty medical officer and continued further resuscitation method to save his life. Dr. Sulekha (Opposite Party No. 5) was attending the patient (2nd complainant) as the baby was under her care. The averments in paras 2 and 4 to 12 are false. There was an arterial insufficiency of the limb and it was due to an abnormally of palmer arch and it was established by deplore study. Immediate efforts to re-establish the circulation were instituted and all procedures, tests and application of heat to other limbs, etc. were done to save the eschaemic hand. In spite of all treatment the child developed gangrene of 3 fingers as well as palm. It was a dry gangrene and so nothing much could be done at that stage. It was further submitted that there was no deficiency on their part and prayed for dismissal of complaint.

5. OP Nos. 4, 5 and 6 resisted Complaint and submitted that the 3rd complainant aged 11 months was brought to the hospital at about 2.30 p.m. on 11.10.2000, with complaint of fever with cough, one week duration. He was on Paracetamol and Roscillin. The patient (2nd complainant) developed high grade fever in the morning with 2 episodes of generalized tonic-clonic seizures lasting for two minutes each. And the same repeated at 1 p.m. and continuously since then. The patient was febrile, central c