Date of filing : 21.4.2005.

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present: Hon’ble Thiru Justice R.SUBBIAH ... PRESIDENT C.C. No.34 of 2005 Orders pronounced on: 14.08.2025 M.Shanthi, W/o.M.Mani, No.3, Sterling Avenue Main Road, Sakthi Nagar, Porur, Chennai 116. ... Complainant vs.

1.The Chairman, Apollo Hospitals Enterprises Ltd., No.55, Greams Lane, Greams Road, Chennai - 6.

2.S.Dharmarajan, Senior Neuro Surgeon, Apollo Hospitals, Madras-6. ... Opposite Parties.

For Complainant : M/s. D. Ravikumar For Opp. Party No.1 : M/s. K. Krishamoorthy For Opp. Party No.2 : M/s. C. Manishankar This Complaint came up for final hearing on 30.08.2023 and, after hearing the arguments of the counsels for both parties and perusing the materials on record and having stood over for consideration till this day, this Commission passes the following:-

O R D E R

R.Subbiah, J. President .

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Resonating her anguish and agony thus –

Once moved with ease, alive in every stride, “

Now I lie still, with no strength even to rise, A careless medical hand trapped me inside ”, the Complainant, by alleging that the service deficiency & medical negligence on the part of the OPs herein had crippled her, who was once a healthy mobile individual, and virtually reduced her to be a perpetual dependent on others for the rest of her life, even for her daily basic needs, seeks this Commission to direct the OPs to pay to her a total sum of Rs.50 lakh under different heads, as stated in the Petition.

2. In brief, the case of the complainant is as follows:-

For the neck pain that was radiating to the left hand, the complainant had consulted the 2^nd OP/Doctor at the 1^st OP/Hospital where she was admitted on 22.05.2003 and she had undergone a surgery on 30.05.2003 for Atlanto Axial Dislocation and OS Odontoideum and, on 07.06.2003, once again, she was operated for the same ailment and informed that the surgery was a success and that she would be alright within a month; but, as the ailment persisted without any improvement, her husband had addressed his employer/SPIC Limited, Gundy, not to settle the medical bills, however, there was no reply.

While so, on 20.01.2005, the complainant had consulted Dr.N.Venkatarmana of M/s.Manipal Hospital Diagnostic Services and the said Doctor had in turn addressed a letter to the Medical Consultant of the SPIC Ltd stating that the ailment was still persisting and that it is a case where one more surgery is needed to be repeated but positive outcome cannot be assured.

Now, the complainant, whose condition is deteriorating due to the deficiency in service on the part of the OPs and who is undergoing sufferings and mental agony in such a condition that she is not even fit to undergo any other surgery and that her husband had also been impelled to quit the job to take her care, quantifies the total loss to the tune of Rs.50 lakh and seeks to direct the OPs to pay to her the said sum by holding them responsible for her pathetic condition.

3. Gist of the Written Version filed by the Doctor/2nd OP is as follows:-

The complaint is not maintainable either in law or on facts, since there is no cause of action for the complainant to sue the OPs or in facts for the reason that she resorted to suppression of material facts.

While the complainant claims that she got admitted on 22.05.2003, the actuality is, after her admission on that date, she sought for discharge stating that she would be back after a few days and thereafter, she came back for admission on 28.05.2003 and, only during that spell, she underwent the surgery.

The 2^nd OP, having been covered by professional indemnity insurance with the United India Insurance Co, Chennai, the said Company is also a necessary party.

The complainant was admitted on 28.05.2003 with a history of –

Neck pain, Back pain and Numbness of left lower Limb Examination revealed exaggerated deep reflexes on the left side and numbness in left arm and thigh. Plain X-rays of cervical spine revealed Atlanto