BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

FA.NO.34 OF 2018 AGAINST ORDERS IN CC.NO.949 OF 2011, DISTRICT CONSUMER COMMISSION-I, HYDERABAD Between:

Dr.A.V.Gurava Reddy S/o.A.Satyanarayan Reddy Aged about 59 years Chairman and Managing Director Sunshine Hospital

1-7-201 to 205 P.G.Road Secunderabad – 500 033.

…..Appellant/Opposite Party No.2 And

1. Smt. Y.Rama Devi, W/o.Poli Reddy Aged about 36 years R/o.Flat No.304, Sita Apartments, Bhanu Nagar, Maddilapalem, Visakhapatnam …..Respondent No.1/Complainant

2. Krishna Institute of Medical Sciences Door No.1-8-31/1, Minister Road, Secunderabad – 500 003.

Rep. by its Managing Director …..Respondent No.2/Opp.Party No.1

3. Oriental Insurance Company Limited Having its Divisional Office at # 6-2-976, 1st Floor, Pavani Estate, Khairatabad, Hyderabad – 500 016.

…..Respondent No.3/Opp.Party No.3 Counsel for the Appellant/Opp.Party No.2: M/s.P.V.Janani Counsel for the Respondent 1/Complainant: M/s.V.Gourisankara Rao Counsel for the Respondent 2/Opp.Party No.1: Sri M.Chalapathi Rao Counsel for the Respondent 3/Opp.Party No.3: Sri K.V.Rao FA.NO.35 OF 2018 AGAINST ORDERS IN CC.NO.949 OF 2011, DISTRICT CONSUMER COMMISSION-I, HYDERABAD Between:

Krishna Institute of Medical Sciences Ltd.(KIMS)

Door No.1-8-31/1, Minister‟s Road, Secunderabad – 500 003.

Represented by its Managing Director .…Appellant/Opp.Party No.1 And

1. Smt. Y.Rama Devi, W/o.Y.Poli Reddy Aged about 36 years, Indian, Occ: Housewife, R/o.Flat No.304, Sita Apartments, Bhanu Nagar, Maddipalem, Visakhapatnam …..Respondent No.1/Complainant

2. Dr.A.V.Gurva Reddy Chief of Orthopaedics & Consultant Joint Replacement Surgeon, Sunshine Hospitals, D.No.1-7-201 to 205, P.G.Road Beside Paradise Hotel, Secunderabad – 3 …..Respondent No.2/Opp.Party No.2

3. M/s.Oriental Insurance Company Limited Having its Divisional Office # 6-2-976, 1st Floor, Pavani Estate, Khairatabad, Hyderabad –16.

…..Respondent No.3/Opp.Party No.3 Counsel for the Appellant/ Opp.Party No.1 : Sri M.Chalapathi Rao Counsel for the Respondent 1/Complainant : M/s.V.Gourisankara Rao Counsel for the Respondent 2/Opp.Party No.2: M/s.P.V.Janani Counsel for the Respondent 3/Opp.Party No.3: Sri K.V.Rao QUORAM:

HON’BLE SMT.MEENA RAMANATHAN …. IN-CHARGE PRESIDENT &

HON’BLE SRI V.V.SESHUBABU …. MEMBER-JUDICIAL TUESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND TWENTY FOUR *******

Order : (Per Smt.Meena Ramanathan, Hon’ble I/c President)

1. These are the appeals filed U/s.15 of Consumer Protection Act,1986 against the order dated 08.12.2017 on the file of District Consumer Commission-I, Hyderabad, made in CC.No.949/2011. The Opposite Party No.2 filed FA.No.34/2018 and the Opposite Party No.1 filed FA.No.35/2018. As both these appeals arise out of the same order, they are being disposed of by this common order.

2. For the sake of convenience, the parties are described as arrayed in the complaint.

3. Briefly stated, the facts are that the Complainant aged about 36 years has been suffering from Juvenile Rheumatic Arthritis since childhood. Since she was suffering with pain in her hips, she approached Opposite Party No.2 Doctor in Opposite Party No.1 Hospital for treatment in the third week of May,2009. After necessary investigation, she was diagnosed as suffering from “Bilateral arthritis hip Secondary to juvenile RA” and advised her to undergo total hip replacement.

4. The surgery was performed on 14.05.2009 and 20.05.2009 and she was discharged on 25.05.2009. Her attendants noticed “foot drop” of her left leg and Opposite Party No.2 Doctor made an endorsement to the effect “patient developed left foot drop after surgery” on the discharge summary. Opposite Party No.2 Doctor started his own hospital under the name of “Sunshine Hospital” and the Complainant continued her physiotherapy under Dr.Pavan at Opposite Party No.2 hospital. Her condition did not improve and despite several follow ups and treatment, she became permanently disabled. It is her case that she is a young lady aged