STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/A/13/243 null MANAGER,ASHOKA HOSPITAL PRESENT ADDRESS - ASHOKA HOSPITAL,SOUTH BAZAR ,KERALA.

.......Appellant(s)

Versus SAMJITH AND ANR PRESENT ADDRESS - KOTTAKUNNUMMAL HOUSEPADANNAKKARAPOST,PINARAYI,THALASSERY ROAD ,KERALA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT SRI.RADHAKRISHNAN.K.R , MEMBER FOR THE APPELLANT:

SHEJI.P.ABRAHAM (Advocate)

FOR THE RESPONDENT:

SAMJITH AND ANR, In-Person DATED: INVALID DATETIME

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL Nos. 243/2013 and 286/2013 COMMON JUDGMENT DATED: 10.02.2025 (Against the Order in C.C. 286/2005 of DCDRC, Kannur)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT SRI. RADHAKRISHNAN K.R. : MEMBER APPEAL No. 243/2013 APPELLANT:

The Manager, Ashoka Hospital, South Bazar, Kannur-2.

(By Adv. Sheji P. Abraham)

Vs.

RESPONDENTS:

1. Samjith, Kottakunnummal House, Padannakara Post, (minor represented by next friend father, Mr. Sasidharan), Kottakunnummal House, Padannakkara Post, Pinarayi, Thalassery Taluk.

(By Adv. Vinod Kumar Chambalon and Adv. Sujith Mohan K.)

2. Dr. S.M. Bhat, M.S., Mch, Paediatric Surgeon, Ashoka Hospital, South Bazar, Kannur-2.

APPEAL No. 286/2013 APPELLANT:

Dr. S.M. Bhat, M.S., Mch, Paediatric Surgeon, Ashoka Hospital, South Bazar, Kannur-2.

(By Adv. Sheji P. Abraham)

Vs.

RESPONDENTS:

1. Samjith, Kottakunnummal House, Padannakara Post, (minor represented by next friend father, Mr. Sasidharan), Kottakunnummal House, Padannakkara Post, Pinarayi, Thalassery Taluk.

(By Adv. Vinod Kumar Chambalon and Adv. Sujith Mohan K.)

2. The Manager, Ashoka Hospital, South Bazar, Kannur-2.

COMMON JUDGMENT

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT st The appellant in appeal No. 243/2013 is the 1 opposite party, the appellant in nd st Appeal No. 286/2013 is the 2 opposite party and the 1 respondent in both the appeals is the complainant in C.C. No. 286/2005 on the files of the District Consumer Disputes Redressal Commission, Kannur (for short “the District Commission”).

2. The complainant is a minor, represented by his father. The case of the nd complainant is that the minor complainant, namely Samjith, was taken to the 2 opposite party on 01.01.2005 with a complaint of abdominal pain. He was treated as nd an outpatient by the 2 opposite party. On that day, Ultrasonography of the abdomen of the minor was taken by the doctor and thereafter, the patient was sent back. Again, the patient was brought to the hospital on 03.01.2005. On that day, the patient was nd admitted to the hospital and treated there as an inpatient. The 2 opposite party nd informed that the patient was suffering from an ulcer. The 2 opposite party administered a heavy dose of intra muscular injection (16 numbers) through the left hip and gluteal region. Due to the injection, the patient developed unbearable pain in the left thigh where the injection was administered. When the matter was brought to nd the notice of the 2 opposite party, he stated that there was nothing to worry about.

Eventually, the minor/patient was discharged from the hospital on 06.01.2005.

However, the patient was again admitted to the hospital on 08.01.2005 due to abdominal pain. The patient was also suffering from severe limb (left thigh) and hip pain with fever. The left limb became red and swollen. The patient was, on that day, referred to the orthopedic surgeon.

3. The orthopedic surgeon attended to the patient and the patient was treated there till 11.01.2005. Due to the vulnerable condition of the patient, the father of the patient was compelled to obtain discharge from the hospital on 11.01.2005. The patient was taken to Thejaswini Hospital, Mangalore, on 12.01.2005, where the patient was treated as an inpatient till 29.01.2005. Thereafter, the patient was discharged from the hospital. However, the patient was again taken to Thejaswini Hospital on 04.02.2005, where he was