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

APPEAL NO. 2479/2007 Dr. Vimal Golchha S/o M.C. Golcha Golcha Hospital and Research (Urological) Centre

56, Napier Town, Jabalpur (M.P.)

... Appellant VERSUS.

1. S.K. Biswas (Deceased)

Through Legal Heir Subrote Kumar Biswas S/o Late S.K. Biswas R/o – A-4, Narsingh Nagar Ranjhi District Jabalpur (M.P.)

2. The Oriental Insurance Company Ltd.

655, Gole Bazar, Jabalpur (M.P.)

3. Dr. L.N. Arora Arora Hospital

10, Lalitpur Colony, Gwalior (M.P.) ... Respondents BEFORE;

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

SHRI DEEPESH JOSHI, LEARNED COUNSEL FOR APPELLANT NONE FOR RESPONDENT NO.1.

SHRI RAVINDRA TIWARI, LEARNED COUNSEL FOR RESPONDENT NO.2. SHRI HEMANT SHARMA, LEARNED COUNSEL FOR RESPONDENT NO.3.

O R D E R

( 31.10.2025 )

The following order of the Bench was delivered by Dr.

Monika Malik, Member.

This appeal by the opposite party No.1/appellant is directed against the order dated 22.8.2007 passed by the District Consumer Disputes Redressal Commission, Jabalpur (for short ‘District Commission’), in complaint case No. 190/2001, whereby the District Commission has partly allowed the complaint filed by the complainant-respondent No.1-

S.K. Biswas (hereinafter referred to as ‘complainant’).

2. Case of the complainant is such that his wife late Smt. Dipika Ghosh (hereinafter referred to as ‘patient’) had developed abdominal pain on 10.7.2000 and she consulted the opposite party No.1/appellant at Golchha Hospital and Urological Research Centre, Jabalpur. Dr. L.N. Arora of Gwalior had conducted Laparoscopic Cholecystectomy surgery on 24.7.2000 in Golchha Hospital and Urological Research Centre, Jabalpur along with Dr. Golchha. During operation, gall bladder was dissected, cystic duct was separated and a clip was fixed and ligated. The patient was discharged on 26.7.2000 and was asked to visit for removal of stiches after 8 days. The patient however reported complaints of pain in abdomen telephonically on 27.7.2000. On 31.7.2000 she was readmitted in the Hospital with complaints of difficulty in urination. Upon Ultra Sonography on 1.8.2000, it was observed that there was accumulation of large quantity of infected biliary deposit in her upper abdomen.

3. The patient was referred for Sir Gangaram Hospital, New Delhi for ERCP test, from where she was discharged on 8.8.2000. Due to extremely poor health of the patient, as she had continuous jaundice since last seven days, she was admitted in Spring Meadow Hospital, New Delhi on 8.8.2000. An emergency exploratory laparotomy of the patient was conducted on 9.8.2000 and the patient was discharged on 25.8.2000. Another ERCP was done on 20.9.2000 but there was no improvement. Due to deficiency in service and damage caused by the opposite parties, the patient finally died on 23.9.2000. According to the complainant, both the surgeons acted carelessly and did not take care while clipping the duct properly, which resulted in complications and death of the patient. They did not assess the gravity of the situation and carelessly took remedial measures after they learnt on 1.8.2000 that the operation conducted by them have failed. The complainant alleged that the patient died due to negligence and absence of reasonable skill and care on part of the opposite parties and therefore, he filed complaint before the District Commission, seeking relief.

4. The opposite party No.1/appellant in his reply before the District Commission submitted that the patient and complainant had chosen Laparoscopic Cholecystectomy and the complications of such surgery were explained to them. Sonography conducted on 1.8.2000 revealed that there was large amount of fluid collection in the abdomen and after discussion with opposite party No.2, it was decided for aspiration under sound guidance, once the general condition of the patient improved. On 2.8.2000 in ultra sound sonography report it was found that he