Date of filing : 09.05.2010.

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present: Hon’ble Thiru. Justice R.SUBBIAH ... PRESIDENT C.C. No.103 of 2013 Orders pronounced on: 16.06.2025

1.S.Ponnammal, W/o.Late Prakash.

2.P.Karthika, D/o.Late Prakash.

Both residing at

484 D Yathava Street, M.S. Road, Parvathipuram, Nagarkovil Post, Kanniyakumari District. … Complainants Vs.

1.Neyveli Lignite Corporation Limited, Govt. of India Enterprise, Office of Chief General Superintendent (Medical), NLC Hospitals, Neyveli 607 803.

2.Resident Medical Officer, Neyveli Lignite Corporation Limited, Govt. of India Enterprise, Office of Chief General Superintendent, Medical, NLC Hospitals, Neyveli 607 803.

3. Dr.Sukumaran, Neyveli Lignite Corporation Limited, Govt. of India Enterprise, Office of Chief General Superintendent, Medical, NLC Hospitals, Neyveli 607 803.

4.Dr.Malarvizhi, Anaesthetist, Department of Anesthesiology, C/o.Neyveli Lignite Corporation Limited, Govt. of India Enterprise, Office of Chief General Superintendent, Medical, NLC Hospitals, Neyveli 607 803.

5.Thirumalaikumaran, Anaesthetist, Department of Anesthesiology, C/o.Neyveli Lignite Corporation Limited, Govt. of India Enterprise, Office of Chief General Superintendent, Medical, NLC Hospitals, Neyveli 607 803. … Opposite Parties.

For Complainants : M/s.V.Ragavachari For OPs : M/s.N.Nithianandam This Consumer Complaint came up for final hearing on 28.08.2023 and, after hearing the arguments of the counsels for the 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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The original complainant by name Prakash, who was an employee of the Neyveli Lignite Corporation (NLC), had filed this Consumer Complaint, seeking to direct the OPs/NLC Hospital & Doctors to pay to his family a sum of Rs.20 lakh towards compensation for the loss of their only son – Master Ashwin allegedly due to the negligent treatment and care on the part of the OPs and Rs.25,000/- for the pain, damage and mental agony, besides a sum of Rs.50,000/- towards litigation expenses and, after the demise of complainant-Prakash during the pendency of the case, the same is now pursued by his family/legal heirs –

wife and daughter respectively.

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

It was during September - 2006, Master Ashwin who was 5 year old then, was not able to move his left leg owing to pain and swelling in the left thigh, for which, he was admitted in Miot Hospitals where he was examined on 14.09.2006 and consequently, he underwent Plate Osteosynthesis Left Femur and A/K Pop Cast Application and was discharged on 21.09.2006.

Thereafter, on 07.05.2009, he was admitted in the OP Hospital for implant removal and, on 08.05.2009, he was subjected to removal procedure; while so, on 09.05.2009, it seemed, the procedure went wrong and he was pronounced dead at 12.45 AM and the family was put to deep shock and trauma. All along, it was told that the removal procedure was pretty simple in nature, yet, due to the extremely callous and negligent conduct of the Hospital and Doctors that they failed to exercise the expected degree of skill and care for the patient, the family had lost their male child and hence, the complaint, seeking to grant the reliefs, as aforementioned.

3. The OPs resist the complaint by filing a common written version, wherein, they have presented exhaustive details of the treatment provided to the patient and inter alia stated thus:-

No consideration was ever paid for the treatment given to the patient/deceased nor was he required to pay anything for the reason that the original complainant was an employee of the NLC and, as per the conditions of service, the employee and his dependents received only free treatment in the General Hospital meant for the employees. As such, the complainants cannot claim themselves to be ‘consumers’ for maintaining this consume