Medical practitioners must ensure informed consent is obtained from patients before treatment, disclosing all associated risks to avoid liability.

1. Heard Ms. Renu Gupta, Advocate, for the appellants and Mr. Anand Shankar Jha, Advocate, for respondents - 1 to 3.

2. Above appeal has been filed against the order of Chhattisgarh State Consumer Disputes Redressal Commission, Raipur, dated 12.05.2016, passed in CC / 14/39, partly allowing the complaint and directing the appellants to pay Rs. 15,00,000 as the compensation and Rs. 5,000 as litigation cost.

3. Mrs. Shradhanjali Maniya, Ms. Tinkle Maniya and Ms. Manashvi Maniya (respondents - 1to 3) filed CC / 39/2014, for directing the opposite parties jointly and severally to pay (i) Rs. 20,25,000, as compensation for monetary loss; (ii) Rs. 10,12,500, for future monetary loss; (iii) Rs. 2,00,000, for mental agony and pain; (iv) Rs. 20,000, as litigation costs; and (v) Any other relief, which is deemed fit and proper in the facts and circumstances of the case.

4. The complainants stated that Surendra Kumar Maniya (husband of complainant - 1 and father of complainants - 2 and 3) passed High School in 1990, Intermediate in 1992, ITI (Mechanical) in 1995, B.A. in 2000, M.A. in 2002 and Diploma in Management, Computer Application, Material Testing and Inspection Services (Ultrasonic, Radiography and Liquid Penetrator) and was employed in Bhilai Iron Company, Bhilai. Jawahar Lal Nehru Hospital and Research Centre, Bhilai (the hospital) was established by Bhilai Steel Plant and Dr. A.K. Garg was posted as a doctor there at the relevant time. Surendra Kumar Maniya (the patient) went to the hospital on 15.5.2014 for his treatment of ˜pain in throat', ˜odynophagia' and ˜change invoice'. On local examination, swelling in right side tonsil was diagnosed. The doctor advised some medicines and tests and admitted him at 14:00 hours. Test Reports were obtained and examined at 18:00 hours, in which, everything was found normal. The doctor advised to continue same medicines. On 16.05.2014 at 8:00 hours, the doctor examined him in the hospital and found his condition as improving. Some more medicines were added. On 16.5.2014, at19:00 hours, the patient was examined. On 17.5.2014, at 8:30 hours, the patient was examined by visitor Dr. R.R. Barle and found normal. The patient was sent to OPD at 10:00 hours on17.5.2014, where he was attended by Dr. A.K. Garg at 10:15 hours. Dr. A.K. Garg, without taking any precaution, did incision in the right side tonsil to drain out pus from it. Pus started forthcoming and choked larynx and breathing tube and entered into lungs. Due to which, the patient had become unconscious. The patient was immediately taken to ICU and kept onventilator and died. In order to conceal negligence of Dr. A.K. Garg, the other doctor of ICU fabricated papers and declared the patient as ˜dead' at 15:45 hours. At the time of death, age of the patient was 36 years and he was earning Rs. 15,000 per month. There was every chance of his promotion and increase of income in future. The patient was only earning member in the family. At the time of death of the patient, age of Mrs. Shradhanjali Maniya was 29 years, Ms. Tinkle Maniya was 3 years and Ms. Manashvi Maniya was 7 months. They were deprived from love and affection of their husband / father, for their whole life. The reafter the complaint was filed on 17.12.2014.

5. The opposite parties filed written version in the complaint and contested the case. The opposite parties stated that on 15.5.2014, the patient was diagnosed with swelling due to pus in right side tonsil and prescribed for ante - biotic medicines. On 16.5.2014, in the progress sheet of the patient ˜Afebrile' has