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S. M. KANTIKAR, BINOY KUMAR
Nomeshwar Prasad Baluapuri – Appellant
Versus
Mukund Thakur – Respondent


Advocates:
Counsel for the Parties:
For the Complainants:Mr. Pankhuri Shrivastava, Advocate with Mr. Rudraksh Pandey, Advocate and Ms. Vrinda Agarwal, Advocate
For the Opp. Parties:Mr. Bhanudas Kulkarni, Advocate with Mr. M.A. Vishwarw, Advocate

ORDER

Dr. S.M. Kantikar, Presiding Member—The present Complaint has been filed under section 21 of the Consumer Protection Act, 1986 (for short “the Act”) by Nomeshwar Prasad Baluapuri, father of the deceased & the other Complainants, who are mother, wife and children of deceased (hereinafter referred to as the ‘Complainants’) against the Zenith Hospital (OP-3) and the treating doctors - Dr. Mukund Thakur, the Surgeon (OP-1) and Dr. V. Alsi, the Anesthetist (OP-2) seeking compensation amounting to Rs. 10 crore for the act of medical negligence.

2. The facts are that Mr. Vineet Baluapuri (since deceased, hereinafter referred to as “the patient”) was suffering from Hemorrhoids (piles) for 6-8 months. Initially, he was under treatment of Dr. S. K. Hajra and on 02.09.2014, he was referred to Dr. Mukund Thakur (OP-1) at Zenith Hospital (OP-3) for piles surgery. The OP-1 examined the patient and the laser surgery for piles was fixed on 05.09.2014. It was alleged that the patient was not fit for surgery. The OP-1 did not see patient’s blood reports; ignored the major variation in ESR and platelet count. The OP-1 brushed aside by telling that it was marginal variation. The Anesthetist, Mr.

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