ORDER

Dr. S.M. Kantikar, Member.—The issue relates to whether non-referral of the patient to the Specialist or higher centre amounts to deficiency in service or medical negligence of the treating doctor/hospital.

2. The case of the Complainants is that their son Rahul (since deceased, hereinafter referred to as the “patient”) about 17 years of age hit by the train while crossing the railway track on 21.01.2011. Immediately at 2.50 pm, he was taken to Jeevan Jyoti Hospital (Respondent / Opposite Party No. 1). It was alleged that the doctors therein did not carefully attend the fatal head injuries. The Neurosurgeon was not available in the hospital and the patient was not referred to the higher centre. Ultimately, the patient died at 7.00 pm.

3. The Opposite Parties denied negligence during treatment and they have treated the patient with all precautions.

4. Being aggrieved by the alleged carelessness, deficiency in service and the medical negligence causing death of Rahul, the Complainants filed the Consumer Complaint before the District Forum, Jhajjar.

5. The District Forum allowed the Complaint and awarded a sum of Rs. 12 lakh to the Complainants, whereas the State Commission allo