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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Dr. S.M. Kantikar, Member
Government of India v. Master Akash
| Table of Content |
|---|
| 1. summary of medical history and allegations against medical professionals. (Para 1 , 3 , 4) |
| 2. details of the complaint and the arguments by the opposite parties. (Para 5 , 6 , 10) |
| 3. observations on hiv testing and implications of blood transfusion. (Para 11 , 12 , 13 , 14 , 15) |
| 4. assessment of compensation and impact on complainant. (Para 16 , 20 , 21) |
| 5. final judgment outcome. (Para 22) |
1. Dr. S.M. Kantikar, Member - The Appellants challenged against the impugned Order dated 11.9.2012, passed by the State Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the 'State Commission'), whereby the Appellants Nos. 2 and 3 were directed to pay a sum of Rs.10 lakh holding liable for medical negligence.
2. For the convenience, the Parties are referred as placed in the Original Complaint filed before the State Commission.
3. The facts are that Master Akash the Complainant (Complaint filed through his mother), after birth, at the age of 3 days, was operated for the correction of diaphragmatic hernia on 13.6.1998. It was performed by Dr. Ajay Kumar, the Opposite Party No. 3 at Kalawati Saran Children Hospital (KSCH) (hereinafter referred to as the 'Opp
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