STATE CONSUMER DISPUTES REDRESSAL COMMISSION KARNATAKA CONSUMER COMPLAINT NO. SC/29/CC/26/2010 Rajiv T.S, PRESENT ADDRESS - S/oMr. Viswanathan Age:about 34 years, Residing at No.736/49C IDBI Layout Bannerghatta road, Gottigere, Bangalore-56 083. ,KARNATAKA.

Kumari Anusha Rajiv PRESENT ADDRESS - D/o.Rajiv T & Deceased Sarika nair Age:05 years, Represented by: Rajiv T, her natural guardian, Residing at No.736/49C IDBi Layout, Bannerghatta Road, Gottigere, Bangalore-560 083. ,KARNATAKA.

Mrs. Radha S Nair PRESENT ADDRESS - W/o.A.P.Sasidharan Nair Age about 60 years, Occ House Wife. Resident of 736/49C IDBI Layout, Bannerghatta Road, Gottigeri, Bangalore-560 083. ,KARNATAKA.

.......Complainant(s)

Versus Managing Director and President PRESENT ADDRESS - Apollo Hospital 154/11, Opp.IIM, Bannerghatta Road, Bangalore-560 076. ,KARNATAKA.

.......Opposite Party(s)

BEFORE:

HON'BLE MR. RAVISHANKAR , JUDICIAL MEMBER HON'BLE MRS. SMT.SUNITA CHANNABASAPPA BAGEWADI , MEMBER FOR THE COMPLAINANT:

NEMO DATED: INVALID DATETIME

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)

th DATED THIS THE 19 DAY OF MARCH, 2025 COMPLAINT NO.26/2010 PRESENT SRI RAVI SHANKAR, JUDICIAL MEMBER SMT. SUNITA C.BAGEWADI, MEMBER

1. Rajiv.T. S/o Mr.Viswanathan Aged about 34 years, Residing at No.736/49C IDBI Layout, Bannerghatta Road, Gottigere, Bengaluru-560 083 ... Complainant/s

2. Ku.Anusha Rajiv, D/o Rajiv.T & deceased Sarika Nair, Age: 5 years, Represented by:

Rajiv.T. her natural guardian, Residing at No.736/49C IDBI Layout, Bannerghatta Road, Gottigere, Bengaluru-560 083

3. Mrs.Radha S.Nair W/o A.P.Sasidharan Nair, Age: about 60 years, Occ. House wife, Resident of 736/49C IDBI layout, Bannerghatta Road, Gottigere, Bengaluru-560 083 (By Sri.R.Manjunath, Advocate)

-V/s-

Managing Director, Apollo hospital, … Opposite Party/

154/11, Opp. IIM, Bannerghatta Road, Bengaluru-560 076 (By Dr.S.V.Joga Rao, Advocate)

O R D E R

BY SMT.SUNITA C.BAGEWADI, MEMBER The complainant filed this complaint against the Opposite Party alleging medical negligence and prays to direct the Opposite Party to pay an amount of Rs.44,69, 856/- along with interest and grant such other relief, interest of justice and equity.

2. The brief facts of the complaint is that the deceased was admitted as an inpatient in the hospital being managed by the Opposite Party at the late night on 21.2.2008 and after the medical care she had breathed her last at about 05.05 hours on 26.07.2008. The cause of death as find mention in the death summary read thus “Patient had bradycardia followed by asystole at 6.10 a.m.

th on 26 Feb. CPR initiated as per ACLS protocol and continued. However patient could not be revived and was declared medicaolegally dead at 07.05 hrs on 26-02-08”. The patient was suffering from fever since 17.2.2008 and was treated by local physician, at a nearby private clinic and she remained under that medication for about 3 days during which period she had shown initial st recovery. However she had again developed fever and vomiting on 21 evening and was therefore taken to the hospital of the Opposite Party towards late night on 21.2.2008 with complaints of fever, stomach pain and vomiting. She was admitted instantly in the emergency ward.

After administering the routine medication, she did recover from her complaints and was nd nd appeared to be normal till the evening of 22 of Feb.2008. By the night of 22 Feb. 2008 the doctor in charge and in attendance of the patient had abruptly decided to shift her to ICU after advising the complainant for the suspected case of dengue fever. The patient was put under mechanical support viz. ventilator and dialysis by that midnight. The deceased was working as business manager in a multinational company viz. Seven N Consulting Pvt. Ltd where she had just joined during January 2008 and was earning the monthly salary of about Rs.42,000/- p.m. The death summary finally concluded with final diagnosis as SEPSIS SYNDROME – MULTI ORGAN DY