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A. J. SHASTRI, J. G. MECWAN
Dashrath P. Prajapati – Appellant
Versus
Jivabhai Vaghabhai Batta – Respondent


Advocates:
Counsel for the Parties:
For the Appellant: Mr. S.P Hasurkar, LA
For the Respondents Mr. D.V.Trivedi, LA

JUDGMENT

A.J. Shastri, President—By way of present appeal under Section 15 of the Consumer Protection Act, a challenge is made by the appellant original Respondent to a decision dated 25.07.2018 passed by the Ld. District Consumer Disputes Redressal Forum, Bhavnagar in Consumer Complaint No. 214 of 2014.

2. The brief facts leading to the rise of present appeal are as the wife of the original Complainant and mother of two children suffered a paralytic stroke on 13.07.2014 and as such was immediately brought at about 7:40 am in morning for consultation and treatment on 14.07.2014, where she was admitted as an indoor patient and diagnosed as suffered from paralysis stroke. Upon condition being deteriorated the appellant has referred her to a Neuro-physician at Bhavnagar itself for further treatment after giving preliminary supportive treatment, the appellant has referred her to a Dr. Gurumukhani of Bhavnagar a Neuro-physician. Dr. Gurumukhani also treated her for a period of few days but, unfortunately said deceased Devuben Jivabhai succumbed to the said paralytic attack even after two days of intensive care by Dr. Gurumukhani and died on 16.07.2014 at about 10:45 hours. It has been sta

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