IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI RESERVED ON : 19.03.2025 PRONOUNCED ON :30.04.2025 FIRST APPEAL NO.434 OF 2023 (Against the order dated 03.02.2023 in C.C. No.55/2011 State Consumer Disputes Redressal Commission Gujarat)

WITH IA/4863/2023 (Exemption for filing Official Translation)

IA/4864/2023 (Exemption of the typed copies of documents)

IA/4865/2023 (Stay)

1. Dr. Hitesh C. Parekh S/o Chandulal Parekh R/o 29, Amrashagun Bunglows, Near Asavari Towers and Daxinayan, B/H Wide Angle, Iscon Circle, Ahmedabad-380015 (Gujarat).

2. Dr. Mukesh N. Patel S/o Nathabai Patel R/o 4, Atulya Bunglows, Gulab Tower Area, Thaltej, Ahmedabad (Gujarat). … Appellants Versus

1. Hetaben W/o Late Vishal Deoraj R/o 27, Happyhome Tenaments, Besides Shantaram Hall, Near Ninaynagar Garnala, Ahmedabad-380013 (Gujarat). 2. M/s. T.R. Memorial Hospital Through Medical Superintendent, Mehsana Society, New Wadaj Road, Ahmedabad-380013 (Gujarat). … Respondents BEFORE:

HON’BLE MR.SUBHASH CHANDRA, PRESIDING MEMBER HON’BLE AVM J. RAJENDRA, AVSM, VSM (RETD.), MEMBER For the Appellants : Mr.Harsh Jain, Advocate For the Respondents : Ex-parte vide order dated 10.12.2024

JUDGMENT

AVM J. RAJENDRA, AVSM VSM (RETD.), MEMBER

1. The matter pertains to Appeal against Interim Order of the learned State Commission of Gujarat in Consumer Complaint No. 55 of 2011 wherein the Opposite Parties (OPs) filed Application dated 17.10.2022 seeking summary dismissal of the C No. 55 of 2011 on the ground that the Complainant is not even entitled to file the complaint seeking to receive compensation as she is remarried on 31.12.2018. It is the OPs contention that once the widow remarries, she loses the right to maintain the complaint on account of death of her previous husband. The basic principle to maintain the complaint by widow is to provide assistance in absence of her husband. However, the liabilities and obligations of estate of her ex-husband ceased to exist once the widow remarries, and all her liabilities and responsibilities shift to new husband. The OPs contended that this principle is well established by catena of judgments by various courts including the Hon’ble Apex Court. Since the complainant remarried Mr Richard Fernandez on 30.12.2008 and has a child from the new husband, her right to maintain the complaint before the State Commission, on account of death of her previous husband ceased to exist. Therefore, no cause of action exists against the OPs with respect to the death of her previous husband.

Therefore, the complaint be dismissed for having become infructuous.

2. Essentially, the matter pertains to allegations of gross medical negligence against the OPs as regards death of the husband of the complainant Mr Vishal Deoraj. Mr Vishal Deoraj was admitted to the Hospital of OPs on 18.08.2010 and he was in the care of OPs till 19.08.2010 and was shifted to Sterling Hospital where he died on 20.08.2010. As Against the death of her husband, the complainant filed a complaint before the State Commission vide CC No. 55 of 2011. While the matter was sub-judice, the compliant is stated to have got remarried on 31.12.2018. Thus, this Application as filed by the OPs seeking summary dismissal of the complaint. It is the main contention of the OPs that once the widow remarries she leaves right to maintain the complaint wrt death of her previous husband. The claim of OPs is that the basic principle to maintain the complaint by a widow is to provide assistance in absence of husband. However, as per OPs, the liabilities and obligations of estate of her husband cease to exist once she remarries, and her liabilities and responsibilities shift to the new husband. Therefore, no cause of action survives against OPs and they sought the complaint to be dismissed as having become infructuous.

3. The contentions of OPs were resisted by the complainant before the State Commission that the Application of OPs is misconceived and that the complainant is entitled as a matter of r