Aaysha VS Novas Pathology Lab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

A. P. SAHI, BHARATKUMAR PANDYA
Aaysha – Appellant
Versus
Novas Pathology Lab – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner: Praveen Mahajan, Kunal Nema and Ms. Ruchi Mahajan

ORDER

A.P. Sahi, President.—The petitioner - complainant filed CC No. 157 of 2015 before the DCDRC, Hardiwar alleging deficiency and negligence in the medical services rendered to the complainant during her pregnancy period. The allegation was about the blood group and its infusion during the surgical operation to be performed.

2. The District Commission recorded that none appeared on behalf of the OPs nor any written arguments were filed and accordingly, the complaint was allowed. It may be however pointed out that the written versions had been filed and the incorrect report of the blood group had not been denied. The complaint was accordingly allowed with Rs.5 lakh as compensation and Rs.10,000/- as litigation expenses.

3. The order passed by the District Commission dated 01.07.2019 was sought to be recalled by moving a miscellaneous application that was allowed on 05.08.2020 on costs of Rs.500/- with a further direction to restore the complaint to its original number and with a further direction to the parties to lead evidence.

4. The case was again heard and decided by the District Commission on 27.10.2020 and this time the complaint came to be dismissed with a clear finding that t

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