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S. M. KANTIKAR, BINOY KUMAR
Purushottam Pareek – Appellant
Versus
Govind S. Dhavale – Respondent


Advocates:
Counsel for the Parties:
For the Complainants:Dr. M. C. Gupta, Advocate
For the Opp. Party:Mr. Umesh Mangave, Advocate, Dr. Govind Dhavale for OP Nos.1 and 3
For the Opp. Party:Mr. K. G. Sharma, Advocate with Dr. Mithari S. Rajaram for OP No.2

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 Mr. Purushottam Pareek and Mr. Om Prakash Pareek – the husband and son of the deceased patient (hereinafter referred to as the ‘Complainants’) against the Yamuna Surgical And Maternity Hospital (OP-3) and the treating doctors - Govind S. Dhavale (OP-1) and Dr. Mithari Sharad Rajaram (OP-2) seeking compensation amounting to Rs. 1,62,14,214/- for the act of medical negligence.

Facts of the Complaint:

2. Mrs. Rajudevi, the wife of Purushottam Pareek (Complainant No. 1), aged 49 years (since deceased, hereinafter referred to as, the ‘patient’) was suffering from a Gynaec problems, consulted OP-1 Dr. Govind S. Dhavale on 23.05.2014 at Yamuna Surgical & Maternity Hospital, Ichalkaranji (for short ‘OP-3’ - ‘Yamuna Hospital’). It was alleged that OP-1 created fear in the mind of the patient and advised to get her immediate surgery for removal of uterus (hysterectomy). Lab investigations revealed Hb% was 8.4 g% (anaemic). On 25.05.2004, Dr. Mithari Sharad Rajaram - Anaesthetist (OP-2) carried out pre-anaesthetic check-up and listed as th

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