Ashit Baran Chakraborty VS Kasturba Gandhi Hospital

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

S. M. KANTIKAR
Ashit Baran Chakraborty – Appellant
Versus
Kasturba Gandhi Hospital – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. Rajesh Lathigara, Advocate
For the Respondent Nos.1, 2 and 3:Mr. Rajeshwar Singh, Advocate, Ms. Neeraj Singh, Advocate, Ms. Akanksha Singh, Advocate
For the Respondent Nos.4, 5, 6 and 9:Mr. Partha Sil, Advocate
For the Respondent No.7: (Service refused and deemed to have been served vide order dated 06.08.2014)
For the Respondent Nos.8 and 11: Deleted
For the Respondent No.10: Ex-parte

ORDER

The instant Appeal has been filed under Section 19 of the Consumer Protection Act 1986, against the order of the State Consumer Disputes Redressal Commission, West Bengal (for short, the ‘State Commission”) in Complaint Case being S.C. No. 18/O/2004 passed on 29.11.2007, whereby the State Commission dismissed the complaint on ground that the Complainant failed to prove any negligence against the OPs.

Brief facts:-

2. On 30.04.2004 at about 6 AM, the Complainant’s daughter Ms. Antra (for short ‘the patient’) while going to school by an Auto-Rickshaw met with an accident. Immediately she was rushed to emergency at Kasturba Gandhi Hospital (in short, ‘OP-1’). Dr. Subimal Gupta (in short, ‘OP-4’) examined her and shifted to ICU and IV saline was started. The patient vomited twice. It was alleged that the Complainant asked about the seriousness of head injury and if necessary, he wanted to take his daughter to some other hospital for better treatment, but on contrary the OP-4 told that sleeping injection had been given and the patient will be sent for CT Scan to Asansol. As per the advice, for CT Scan, the Complaint took her to Avishkar Diagnostic Centre at Asansol (in short, ‘OP-