M.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)

APPEAL NO. 2391/2014

1. Rajesh Tiwari S/o late Krishna Kumar Tiwari

2. Mukesh Tiwari S/o late Krishna Kumar Tiwari Both R/o –

62/B – Rameshwaram Colony M.R.-4, Road, Baldevbag District Jabalpur (M.P.) ... Appellants VERSUS.

1. Seth Mannulal Jagannath Das Hospital And Research Centre Dixitpura, District Jabalpur (M.P.)

Through Director J.B. Sen

2. Dr. R.G. Sahu S/o late G.C. Sahu Seth Mannulal Jagannath Das Hospital And Research Centre Dixitpura, District Jabalpur (M.P.)

R/o 218/2019, Gupta Colony Garah Phatak, District Jabalpur (M.P.).

3. Dr. Ashok Arora S/o B.N. Arora Seth Mannulal Jagannath Das Hospital And Research Centre Dixitpura, District Jabalpur (M.P.)

R/o 1385/2, Napier Town District Jabalpur .... Respondents :

BEFORE;

HON’BLE JUSTICE SUNITA YADAV, PRESIDENT HON’BLE DR. MONIKA MALIK, MEMBER COUNSEL FOR THE PARTIES:

NONE FOR APPELLANTS.

SHRI RAVINDRA TIWARI, LEARNED COUNSEL FOR RESPONDENTS.

O R D E R

( 16.10.2025 )

The following order of the Bench was delivered by Dr.

Monika Malik, Member.

This appeal by the complainants/appellants (hereinafter referred to as ‘complainants’), is directed against the order dated 5.12.2014 passed by the District Consumer Disputes Redressal Commission, Jabalpur (for short ‘District Commission’), in complaint case No. 440/2011, whereby the District Commission has dismissed the complaint filed by them.

2. Facts of the case in brief are that the complainants’ late mother, Smt. Asha Tiwari (hereinafter referred to as ‘deceased’) had fever on 16.8.2009 and was therefore, shown to Dr. Vijay Jain. Blood tests were performed and on 17.8.2009, she was found to be suffering from Malaria. After advice from Dr. Vijay Jain, the medicines for blood sugar and blood pressure, which the deceased was already taking, were stopped. She was subsequently, admitted in the opposite party No.1-Hospital on 21.8.2009 for treatment of Malaria. However, later blood pressure of the deceased went low and she subsequently died. It is alleged that the opposites parties have been deficient in service and negligent in treating the deceased. It is also alleged that Dr. R.G. Sahu-opposite party No.2 is an Ayurvedic Medicine Practitioner and is not authorised to prescribe allopathic medicines but despite that he treated the deceased. Due to negligent act of the opposite parties, the deceased died and therefore, alleging deficiency in service on part of the opposite parties, the complainants approached the District Commission, seeking relief.

3. The opposite parties/respondents resisted the complaint on the ground that opposite party No.2-Dr. R.G. Sahu is having B.A.M.S. degree and he is employed in the opposite party No.1 hospital since last 7 years, as an Assistant Doctor. The opposite party No.3-Dr. Ashok Arora, is MD, Medicine and is practicing for more than 20 years. The medicines prescribe to the deceased on bed head ticket, were as per instructions of the opposite party No.3. They committed no negligence, while treating the deceased and the deceased died of heart attack. It was prayed that the complaint be dismissed.

4. Heard. Perused the record.

5. The appellants have filed written arguments, wherein it is stated that the opposite parties did not treat the deceased as per medical norms. The cause of death of deceased is mentioned as “Left ventricular failure. No evidence of any drug reaction is seen”. There is no evidence on record to show that Dr.Sahu had not treated the deceased. Since the medication to reduce blood sugar and blood pressure was given, the deceased died. Also opposite party No.2-Dr. Sahu was not even authorised to prescribe allopathic medicine but he treated the deceased.

6. The opposite parties cannot escape from their liability merely by stating that the deceased died on account of heart attack. The evidence on record clearly establishes that the opposite parties have been negligent while treating the deceased. It is therefore, prayed