IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MADURAI.

Present: THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER F.A.Nos.275/2012 & 469/2012 (F.A.Nos.965/2011 & F.A.No.373/2012 on the file of State Consumer Disputes Redressal Commission, Chennai.)

(Both the appeals are arising out of one and the same order of the District Commission, Trichirappalli, made in C.C.No.131/2010, dated 10.08.2011)

MONDAY, THE 31st DAY OF OCTOBER 2022.

F.A.No.275/2012 (Old No.965/2011)

Dr.G. Selvamani, C/o. M/s. Assured Best Care (ABC Hospital), No.1, Annamalai Nagar Main Road, Trichirappalli – 620 017. Appellant/1^st opposite party Vs

1. Marimuthu, S/o. Annamalai, Kattai Palucanchi, Muthalavanpatti Post, Manapparai Taluk, Trichirappalli District. 1st Respondent/Complainant

2. Dr. Uma Shankar, C/o. M/s. Assured Best Care (ABC Hospital), No.1, Annamalai Nagar Main Road, Trichirappalli – 620 017. 2nd Respondent/2nd opposite party

3. Dr. M.S. Aleem, C/o. M/s. Assured Best Care (ABC Hospital), No.1, Annamalai Nagar Main Road, Trichirappalli – 620 017. 3rd Respondent/3rd opposite party

4. M/s. Assured Best Care (ABC Hospital), Represented by its Managing Director, Having its office at No.1, Annamalai Nagar Main Road, Trichirappalli – 620 017. 4th Respondent/4th opposite party Counsel for the Appellant/1^st Opposite Party: - M/s. Anand, Abdul & Vinoth Associates, Advocates.

Counsel for 1^st Respondent/Complainant : M/s. S. Ramesh, Advocate.

Counsel for 2^nd Respondent/2^ndopposite party: Called Absent Counsel for 3^rd Respondent/3^rd opposite party: M/s. C. Muralideeran, Advocate. Counsel for 4^th Respondent/4^th opposite party: M/s. S. Kameswaran, Advocate.

F.A.No. 469/2012(Old No.373/2012)

M/s. Assured Best Care (ABC Hospital), Represented by its Managing Director, Having its office at No.1, Annamalai Nagar Main Road, Trichirappalli – 620 017. Appellant/4^th opposite party - Vs -

1. Marimuthu, S/o. Annamalai, Kattai Palucanchi, Muthalavanpatti Post, Manapparai Taluk, Trichirappalli District. 1st Respondent/Complainant

2. Dr.G. Selvamani, C/o. M/s. Assured Best Care (ABC Hospital), No.1, Annamalai Nagar Main Road, Trichirappalli – 620 017. 2nd Respondent /1st opposite party

3. Dr. Uma Shankar, C/o. M/s. Assured Best Care (ABC Hospital), No.1, Annamalai Nagar Main Road, Trichirappalli – 620 017. 3rd Respondent/2nd opposite party

4. Dr. M.S. Aleem, C/o. M/s. Assured Best Care (ABC Hospital), No.1, Annamalai Nagar Main Road, Trichirappalli – 620 017. 4th Respondent/3rd opposite party Counsel for appellant/4^th opposite party: - M/s. S. Kameswaran, Advocate.

Counsel for 1^st Respondent/Complainant: - M/s. S. Ramesh, Advocate.

Counsel for Respondents 3 & 4/opposite parties 2 & 3: Served & Called Absent Counsel for 2^nd Respondent/1^st opposite party:- M/s. Anand, Abdul & Vinoth, Advocates.

Both the appeals are coming before us for final hearing on 23.08.2022 and on hearing the arguments of both sides and on perusing the material records, this Commission made the following:-

COMMON ORDER

THIRU.N. RAJASEKARAN, PRESIDING JUDICIAL MEMBER.

1. The appeal in F.A.No.275/2012 has been preferred under section 15 r/w section 17 (1) (a) (ii) of the Consumer Protection Act 1986 by the 1^st opposite party who suffered by an order dated at the hands of the learned District Commission, Trichirappalli in C.C.No. 131/2010 dated 10.08.2011 directing opposite parties 1 & 4, to pay a sum of Rs.99,000/- towards the medical expenses incurred by the complainant, Rs.2,00,000/- as damages suffered by the complainant and Rs.5000/- as costs to the complainant.

2. Aggrieved over the above order of the District Commission, Trichirappalli made in C.C.No.131/2010, dated 10.08.2011, the 4^th opposite party has also preferred an appeal in F.A.No.469/2012 praying for setting aside the same.

3. As both these appeals are arising out of a single order of the District Commission, Trichirappallai, made in C.C.No.131/2010 dated , 10.08.2011 both of the two appeals are jointly disposed of by this common ord