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STATE CONSUMER DISPUTES REDRESSAL COMMISSION
JUSTICE SUNITA YADAV, PRESIDENT, DR.SRIKANT PANDEY, MEMBER
LALCHAND TELWANI – Appellant
Versus
DR.SMT. MALTI BHOJWANI – Respondent
| Table of Content |
|---|
| 1. patient's background and treatment history. (Para 3 , 4 , 5) |
| 2. details on the surgical procedure and physician's rationale. (Para 6 , 7 , 8 , 9) |
| 3. responses from accused parties denying negligence. (Para 10 , 11 , 12 , 13) |
| 4. court's assessment of evidence and application of law. (Para 21 , 22 , 23 , 24) |
| 5. summary judgment and dismissal of negligence claims. (Para 32 , 34) |
ORDER
(Passed On 20.05.2025)
Per say Justice SunitaYadav Aforesaid appeals arise out of the order dated 23.01.2013 passed by the District Consumer Disputes Redressal Commission, Bhopal (for short ‘District Commission) in C.C.No.575/2004 whereby the complaint filed by the complainants has been allowed.
2. First Appeal No.232/2013 is filed by the opposite party no.1 and 2 doctors for setting aside the impugned order whereas the First Appeal No.468/2013 is filed by the complainants for enhancement of compensation. Since both appeals arise out of same order, therefore, they are taken up together and are being disposed of by this order. Facts of the case are taken from First Appeal No.232/2013 unless otherwise stated.
3. The brief facts giving rise to the complaint before the District Commission are that
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