IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 10.11.2009 Date of hearing: 13.10.2023 Date of Decision: 02.09.2024 COMPLAINT CASE NO.- 288/2009 IN THE MATTER OF:

1. SH. M. VENKATESHWAR RAO

2. SH. M. ANURADHA RAO W/O M. VENKATESHWAR RAO BOTH R/O C 160, GOLF VIEW APARTMENTS SAKET, NEW DELHI 110017 (Through: Sh. I. S. Kohli, Advocate)

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...Complainant VERSUS

1. M/S BANARASI DAS CHANDIWALA INSTITUTE OF MEDICAL SCIENCES CHANDIWALA ESTATE, MAA ANANDMAI MARG KALKAJI, NEW DELHI 110019 (Through: Mr. Rajesh Kajla, Advocate)

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2. DR. YOGESH JAIN C/O M/S BANARASI DAS CHANDIWALA INSTITUTE OF MEDICAL SCIENCES CHANDIWALA ESTATE, MAA ANANDMAI MARG KALKAJI, NEW DELHI 110019 (Through: Mr. Pradeep Kumar, Advocate)

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3. DR. GEETA GUPTA ANAESTHETIST C/O M/S BANARASI DAS CHANDIWALA INSTITUTE OF MEDICAL SCIENCES CHANDIWALA ESTATE, MAA ANANDMAI MARG KALKAJI, NEW DELHI 110019 (Through: Moh. Azhar, Advocate)

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4. DR. PANKAJ VOHRA MAX SUPER SPECIALITY HOSPITAL PRESS INCLAVE ROAD SAKET, NEW DELHI 110017 ⎯

5. DR. MRITUNJYA PAO MAX SUPER SPECIALITY HOSPITAL PRESS INCLAVE ROAD SAKET, NEW DELHI 110017 ⎯

6. MAX SUPER SPECIALITY HOSPITAL PRESS INCLAVE ROAD SAKET, NEW DELHI 110017 (Through: Mr. Vaibhav Agnihotri & Mr. Devansh Gupta, ⎯

Counsels for the Opposite Parties No.4-6)

7. NEW INDIA ASSURANCE & CO.

THROUGH ITS DEPUTY MANAGER/AUTHORISED REPRESENTATIVE HAVING ITS OFFICE AT:

NEW DELHI (Through: Mr.G.S. Sharma, Advocate)

8. UNITED INDIA INSURANCE CO. LTD.

THROUGH ITS DEPUTY MANAGER/AUTHORISED REPRESENTATIVE HAVING ITS OFFICE AT:

18, BARAKHAMBA ROAD, KANCHANCHUNGA BUILDING, CONNAUGHT PLACE, NEW DELHI 110001 ⎯

(Through: Mr.Pankaj Seth, Advocate)

9. ICICI LOMBARD LTD.

THROUGH ITS DEPUTY MANAGER/AUTHORISED REPRESENTATIVE HAVING ITS OFFICE AT:

SPACE NO. 315, 3RD FLOOR, AGARWAL CITY MALL, PLOT NO. 4, ROAD NO. 44, NEAR M2K CINEMA, PITAMPURA, DELHI 110034 (Through: Mr. Navneet Kumar, Advocate)

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…Opposite Parties CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

HON’BLE MR. J.P. AGRAWAL, MEMBER (GENERAL)

Present: Mr. I.S. Kohli, Counsel for the Complainant.

Mr. Rajesh Kajla, Counsel for the OP-1. Mr. Pradeep Kumar, Counsel for OP-2.

Mohd. Azhar, Counsel for OP-3.

Mr. Vaibhav Agnihotri & Mr. Devansh Gupta, Counsel for OP 4 to 6.

Mr. G.S. Sharma, Counsel for OP-7.

Mr. Yuvraj Sharma, proxy for Mr. Pankaj Seth, counsel for OP-8.

None for OP-9.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

JUDGMENT

1. The present complaint has been filed by the Complainants before this Commission alleging medical negligence and deficiency in service by the Opposite parties and have prayed the following:

“1) To order the Respondents No. 1 to 6 to pay a sum of Rs 95 lacs as compensation as the complainants have suffered mental agony, pi, social harassment, loos of their child due to the deficiency in service, unethical approach, professional misconduct and medical negligence of the Respondents.

2) Cost and expenses be also granted in favour of the Complainant.

3) Pass any other or further orders as this Hon’ble National Commission deems fit and proper in the interest of justice.”

2. Brief facts necessary for the adjudication of the present complaint are that the son of the Complainant (hereinafter referred to as the “patient”) who was a fit and active 10 year old child had developed tonsils in the month of November, 2007 and was brought to Opposite Party No.1-Banarasidas Chandiwala Hospital for treatment. The ComplainantwasadvisedtomeetOppositePartyNo.2-Dr.YogeshJain, ENT Surgeon who suggested an operation for tonsils. On 12.01.2008, pre-anesthesia check-up was conducted by Opposite Party No.3-Dr. Geeta Gupta, Anesthetist and the patient was declared fit for surgery. As perthe adviceand instructions from OppositeParty No.2,the patient was admitted in Opposite Party No.1-Hospital on 17.01.2008 around 7.30 PM for surgery. The surgery was performed on 18.01.2008 at around 6.30 AM. Ataround 9.00 AM,OppositeParty No.2-Dr.Yogesh Jain informed theComplai