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2022 Supreme(Online)(Guj) 1675

GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION, AHMEDABAD
unknown, unknown
Bhailal Amin General Hospital – Appellant
Versus
original complainant – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Akhil Dave
For the Respondents: Mr. V.M. Pancholi, Mr. A.O. Chudgar, Mr. R.G. Dwivedi

Table of Content
1. incident leading to negligence claim. (Para 1 , 2 , 3)
2. arguments regarding hospital's liability. (Para 7 , 9)
3. exploration of vicarious liability principles. (Para 16 , 17)
4. judgment supported by precedent cases. (Para 18 , 20 , 21)
5. final order confirmed. (Para 22)

1. ”Being aggrieved by and dissatisfied with the judgment and order rendered by the learned District Consumer Disputes Redressal Commission, Vadodara (Add.) on 13.5.2013 in Complaint No. 986 of 2007 the original opponent No. 1 has filed the present Appeal under S.15 of the Consumer Protection Act, 1986 before this Commission. For the sake of the convenience, parties are hereinafter referred to by their original nomenclature.

2. The facts which led the appellant to file this Appeal in a nutshell are as under: It is the case of the complainant that on account of sudden chest pain he has undergone for the Angiography on date 20.2.2007 as advised by doctor of Bankers Heart Institute and as a result he came to know that there was a blockage in his three arteries. Thereafter as advised he approached opponent No. 01 - Hospital for the By - Pass surgery on date 27.2.2007 and was examined by opponent No.































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