ORDER

R. Subbiah, President.—The appellant/ESI Corporation challenges the Order, dated 07.01.2014, passed in C.C. No.38 of 2004 by the DCDRF, Chennai-North, whereby, the District Forum held the ESI Corporation/1st OP vicariously liable for the wrong distribution of drugs by the Pharmacist at the 2nd OP/ESI Dispensary to the complainant’s child, who died due to administration of the said drugs that turned to be harmful, and ultimately allowed the complaint by directing the appellant to pay the complainant/mother a sum of Rupees Five Lakh as compensation with interest @ 9% p.a. from the date of complaint till the date of payment, besides a sum of Rs.5,000/- towards litigation costs.

2. For the sake of convenience, the parties are referred to in the course of this Order as per their respective rankings before the District Forum.

In brief, the case of the complainant, as projected in the complaint filed before the District Forum, is as follows:-

The complainant, an employee of M/s.Isex Fashions Pvt. Ltd., Palavakkam, Chennai-41, and a subscriber under the Employees’ State Insurance (ESI) Scheme that covered herself and her family members vide insurance No.13329270, on 18.06.2003, too