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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
SUDIP AHLUWALIA, MEMBER, DR. SADHNA SHANKER, MEMBER
TATA MEMORIAL HOSPITAL & ORS. – Appellant
Versus
BARUN PRASAD CHOUDHARY – Respondent
| Table of Content |
|---|
| 1. background on patient's treatment history. (Para 3 , 4 , 5) |
| 2. arguments from appellants regarding adherence to medical standards. (Para 9 , 10) |
| 3. contentions of respondents asserting the case of gross negligence. (Para 11 , 12) |
| 4. court's examination of evidence and expert testimony. (Para 13 , 14 , 15 , 16 , 17) |
| 5. conclusion favoring the appellant's case; insufficiency of evidence against them. (Para 18 , 19 , 20) |
ORDER
JUSTICE SUDIP AHLUWALIA, MEMBER
These Cross Appeals have been filed against the impugned Order dated 27.10.2016 in Complaint No. 147/2005, passed by the State Consumer Disputes Redressal Commission, Maharashtra vide which the Complaint was allowed.
2. The facts and question of law involved in these Appeals arise from a single impugned Order involving the same parties and Complaint, therefore these Appeals are being disposed off by this common Order. For the sake of convenience, FA/366/2017 is treated as the lead case, and the facts and nomenclature of the parties enumerated therein are followed.
3. The factual background, in brief, is that the wife of the Complainant, Late Madhuwala Choudhary, was admitted for treatment at Tata Memorial Hospital/Appell
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