IN THE DELHI STATE CONSUMER DISPUTES REDRESSALCOMMISSION Date of Decision: 26.11.2024 FIRSTAPPEALNO. :-199/2015 IN THE MATTER OF:

DR.ANANT KUMAR SINHA C/O JEEVANANMOL HOSPITAL R/O 54, UTTRANCHALAPARTMENTS I.P. EXTENSION, NEW DELHI-92 (Through: Mr. Supantha Sinha alongwith Mr.Anil Kumar Mishra,)

…..Appellant VERSUS

1. MRS. NIDHI JAIN D/O SH.ADISHWAR JAIN W/O SH. VIKAS DEEP JAIN R/O 2325, SECTOR-15, SONEPAT, HARYANA (Through: Mr. Vikas Deep,Advocate)

2. JEEWANANMOLHOSPITAL MAYUR VIHAR PHASE-1 OPPOSITE PARTAP NAGAR DELHI-1100091 (Through:Mr.PradeepKumarandMs.MonicaKumar,Advocates)

3. UNITED INDIAINSURANCE COMPANY LTD.

CAPITAL CINEMABUILDING VIDHAN SABHAMARG, LUCKNOW U.P.226001 (Through: Ms. Nandita Saxena,Advocate)

…Respondents WITH FIRSTAPPEALNO. :-139/2015 IN THE MATTER OF:

JEEWANANMOLHOSPITAL MAYUR VIHAR PHASE-1 OPPOSITE PARTAP NAGAR DELHI-1100091 (Through: Mr. Pradeep Kumar and Ms. Monica Kumar)

…..Appellant Versus

1. MRS NIDHI JAIN D/O SH.ADISHWAR JAIN W/O SH. VIKAS DEEP JAIN R/O 2325, SECTOR-15, SONEPAT, HARYANA (Through: Mr. Vikas Deep,Advocate)

2. DR.ANANT KUMAR SINHA C/O JEEVANANMOL HOSPITAL R/O 54, UTTRANCHALAPARTMENTS I.P. EXTENSION, NEW DELHI-92 (Through: Mr.Anil Kumar Mishra,Advocate)

3. UNITED INDIAINSURANCE COMPANY LTD.

CAPITAL CINEMABUILDING VIDHAN SABHAMARG, LUCKNOW U.P.226001 (Through: Ms. Nandita Saxena,Advocate)

…Respondents WITH FIRSTAPPEALNO. :-102/2015 IN THE MATTER OF:

MRS. NIDHI JAIN D/O SH.ADISHWAR JAIN W/O SH. VIKAS DEEP JAIN R/O 2325, SECTOR-15, SONEPAT, HARYANA (Through: Mr. Vikas Deep,Advocate)

…..Appellant Versus

1. JEEWANANMOLHOSPITAL MAYUR VIHAR PHASE-1 OPPOSITE PARTAP NAGAR DELHI-1100091 (Through:Mr.PradeepKumarandMs.MonicaKumar)

2. DR.ANANT KUMAR SINHA C/O JEEVANANMOL HOSPITAL R/O 54, UTTRANCHALAPARTMENTS I.P. EXTENSION, NEW DELHI-92 (Through: Mr.Anil Kumar Mishra,Advocate )

3. UNITED INDIAINSURANCE COMPANY LTD.

CAPITAL CINEMABUILDING VIDHAN SABHAMARG, LUCKNOW U.P.226001 (Through: Ms. Nandita Saxena,Advocate …Respondents CORAM HON’BLE JUSTICE SANGITADHINGRASEHGAL(PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

PER: HON’BLE JUSTICE SANGITADHINGRASEHGAL, PRESIDENT JUDGMENT

1. By this Common Judgment, we shall dispose of the present appeal FA-

199/2015 alongwith connected appeals FA-139/2015 & FA-102/2015 arising out of the common Impugned Order dated 28.01.2015 in Complaint Case No. 1038/2011 titled ‘Smt Nidhi Jain vs Jeevan Anmol Hospital & Ors’ passed by the District Consumer Disputes Redressal Commission-East, Saini Enclave, Delhi-92 wherein the Complainant was as follows:

1) Smt. Nidhi Jain and the Opposite Parties were as follows:

1) JeevanAnmol Hospital

2) Dr.A.K. Sinha ( Treating Doctor)

3) United India Insurance Company Ltd.

2. FA-199/2015 titled ‘Dr.Anant Kumar Sinha Vs Smt Nidhi Jain’ has been preferred by the by the Opposite Party No.2-Dr. A.K.Sinha praying to set aside the impugned order dated 28.01.2015.

3. FA-139/2015 titled ‘Jeevan Anmol Hospital Vs Nidhi Jain & Ors’has been preferred by the Opposite Party No.1-Jeevan Anmol Hospital praying to set aside the impugned order dated 28.01.2015.

4. FA-102/2015 titled ‘Nidhi Jain Vs Jeevan Anmol Hospital & Ors’ has been filed by the Complainant-Nidhi Jain seeking enhancement of compensation.

5. For the sake of clarity, the parties have been hereinafter referred to as per their denominations in FANo.199/2015.

6. The facts of the case as per the District Commission record are as under:

“The brief conspectus of facts of the present complaint are that the father of the complainant expired on 19/12/2009 leaving behind two legal heirs namely Smt Nidhi Jam, the complainant herein, and Shri Abhishek Jain, the brother of the present complainant.At the time of death, Sh. Adishwar Jain, the father of the complainant was in service of Central Warehousing Corporation and was earning about Rs.55,000/-p.m.On 19/12/2009 at about 04:00AM Sh. Adishwar Jain came to the Respondent No.I hospital with complaint of chest pain associated with ghabrahat and sweat and was admitted to the hospital u