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S. M. KANTIKAR
Dhanvantri Hospital & Research Centre (A Unit of Dhanvantri Live Care Pvt. Ltd. ) – Appellant
Versus
Santosh Kumar Sharma – Respondent


Advocates:
Counsel for the Parties:
(In FA/925/2019)
For the Appellants:Mr. Sanjoy Kr. Ghosh, Advocate, Ms. Rupali S. Ghosh, Advocate, Mr. Pawan Kr. Ray, Advocate
For the Respondents:Mr. Vizzy Agarwal, Advocate for R-1 to 3
For the Respondents:Ms. Shuchi Singh, Advocate for R-4
(In FA/945/2019)
For the Appellants:Ms. Shuchi Singh, Advocate
For the Respondents:Mr. Vizzy Agarwal, Advocate for R-1 to 3
For the Respondents:Mr. Sanjoy Kr. Ghosh, Advocate, Ms. Rupali S. Ghosh, Advocate, Mr. Pawan Kr. Ray, Advocate for R- 4 and 5

ORDER

This Order shall decide both the first appeals arising from the impugned Judgment/Order dated 23.04.2019 passed by the State Consumer Disputes Redressal Commission, Jaipur (hereinafter referred to as the “State Commission”) in Consumer Complaint no. 4/2012, wherein the State Commission allowed the complaint holdings the OPs liable for medical negligence and awarded compensation.

2. For the Convenience the parties are referred to be as in the Complaint before the State Commission

3. Brief facts are that on 03.07.2011 Santosh Kumar, aged about 17 years- the Complainant No. 1 (hereinafter referred to be as the “patient”) sustained electric burn injuries in his arms, legs and abdomen due to electrocution in his village. Immediately, he was taken to the Community Health Centre at Lalsot, District Dausa and after first aid, on the same day he was referred to S.M.S. Hospital at Jaipur. He got admitted in Plastic Surgery (Burn) unit. Thereafter on 05.07.2011 he was taken to Dhanvantri Hospital (OP-1) and admitted in the Ortho Unit under Dr. R.P. Saini (OP-2). On 09.07.2011 patient’s left hand was operated by OP-2, but, after the operation bleeding was present at operated site, theref

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