ORDER

Heard Mr. Arun Singh Tomar, Advocate, for the appellants, Mr. Deepesh Joshi, Advocate, for respondent-1 and Ms. Sweta Sinha, Advocate, for respondent-2.

2. Above appeal has been filed against the order of State Consumer Disputes Redressal Commission, Madhya Pradesh, dated 15.02.2023, dismissing CC/10/2010 filed by the appellants.

3. V.C. Rawat, Shishir Rawat, Sumit Rawat and Sachin Rawat (the appellants) filed CC/10/2010, for directing the respondents to pay (i) Rs.60/- lakhs with interest @18% per annum from 01.04.2009 till the date of realisation, as the compensation; (ii) litigation costs; and (iii) any other relief which is deemed fit and proper in the facts and circumstances of the case.

4. The complainants stated that V.C. Rawat is husband and Shishir Rawat, Sumit Rawat and Sachin Rawat are sons of the deceased Smt. Rama Rawat. Smt. Rama Rawat, aged about 63 years (for short the patient) did Post Graduation in (i) Sociology, (ii) Drawing & Painting and (iii) Music and was on Singer’s List of All India Radio, Bhopal. She was an active member of IAS Officers Wives Association Club, Vanita Samaj Ladies Club, Anand Vihar and Vidya Nagar Colony Club. The patient was a regular morning walker and did not ever have angina chest pain. Her post retirement life was sailing happily and smoothly. V.C. Rawat along with the patient went for a stroll at about 18:00 hours on 31.03.2009. On returning home, the patient complained uneasiness and discomfort. Dr. S.K. Parashar, Additional Director, Central Government Health Scheme (CGHS), Office and Dispensary at Jahagirabad, Bhopal, resides at a distance of 1000 feet from the house of the complainants. As V.C. Rawat was a life member of the CGHS, he requested Dr. S.K. Parashar on telephone to examine the patient. Dr. S.K. Parashar, however, without examining the patient, asked V.C. Rawat to take the patient to Akshaya Hospital, which was an empaneled hospital of the CGHS. After meal, V.C. Rawat took the patient to Akshaya Hospital, reaching there at 20:30 hours on 31.03.2009. The patient was admitted to Intensive Care Unit (ICU) Ward straightway prior to completing documentation. While, the patient was on the bed in ICU, ECG wire terminals were attached to her body and ECG was done at 21:31 hours on 31.03.2009. Dr. Amit Singh MD was monitoring the ECG. The attendants handed over a list of medicines to V.C. Rawat, be brought from the medical store at the basement. When V.C. Rawat was returning with medicines to the lift, Dr. P.C. Manoria, Cardiologist came out of the lift. V.C. Rawat requested him to examine the patient in ICU. Although he nodded but did not turn up to examine the patient. When V.C. Rawat came to ICU with medicines, he found that the patient was being attended by Dr. Gupta, a very junior MBBS doctor and two homoeopathy assistants namely Rajesh Panderiya BHMS and Vinod Kumar BHMS. By inserting a drip needle into wrist, they were transfusing saline liquid to the patient. They informed V.C. Rawat that the ECG of the patient did not show any alarming condition. Later on V.C. Rawat learnt that they had also transfused NTG injection to the patient. In ICU ward, there were 8 to 10 ICU cabins in semicircular situation and the attending doctors and staffs were located in center of it. V.C. Rawat inquired from the attendants that when the senior doctors namely Dr. Anil Gupta and Dr. Deepak Chaturvedi would examine the patient. They informed that the senior doctors would not come in night and would be available at 8:00 AM on the next morning. There is no need for them to come, as the young doctor Gupta (Junior) was also MBBS. Beside this, one Dr. Amit Singh was doing central monitoring of ECG. They again assured V.C. Rawat that there was no emergent condition of the patient, which required immediate examination by the senior doctor. V.C. Rawat asked for phone numbers of the senior doctors but the staff did not provide phone numbers of the senior doctors. The patient suffered from