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2025 Supreme(Online)(SCDRC) 9089

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
SUNITA YADAV, PRESIDENT, DR. SRIKANTH PANDEY, MEMBER
LALCHAND TELWANI – Appellant
Versus
DR.SMT. MALTI BHOJWANI – Respondent


Advocates:
For the Appellants/Petitioners: LALCHAND TELWANI, In-Person
For the Respondents: DR.SMT. MALTI BHOJWANI, In-Person

Table of Content
1. overview of medical negligence appeal. (Para 1 , 2)
2. patient's treatment history and alleged negligence. (Para 3 , 4 , 5)
3. evidence review and assessment of treatment adherence. (Para 20 , 21 , 22)
4. establishment of standards for medical negligence. (Para 28 , 29 , 30)

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 the complainant no.1's wife and complainant no.2 & 3's mother Smt. Kavita Talwani having complaint of

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