ADDITIONAL BENCH BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.

C.C.No.123 OF 2015 Between:

Mr. Maddi Chennakesava Rao, S/o. Venkarteswarlu, Hindu, Aged about: 62 years, Macherla Town, Guntur District. … Complainant And

1. The Managing Director, Yashoda Hospital, Rajbhavan Road, Somajiguda, Hyderabad – 500082.

2. Dr. K.V.R. Prasad, Consultant Urologist, Andrologist & Kidney Transplant Surgeon, Yashoda Hospital, Rajbhavan Road, Somajiguda, Hyderabad – 500082.

3. Dr. K. Lalitha, Consultant Urologist & Uro, Gynecologist, Yashoda Hospital, Rajbhavan Road, Somajiguda, Hyderabad - 500082.

4. The Senior Divisional Manager, The New India Assurance Company Ltd., #6-3862/A/8, 2^nd Floor, Lal Bungalow Green Lands, Ameerpet, Hyderabad, Impleaded vide order in IA No.33/2020, dated 15.04.2020.

5. The Senior Divisional Manager, The Oriental Insurance Company Ltd., Flat No.403, 4^th Floor, Babu Khan Estate, Basheerbagh, Hyderabad – 500001, Impleaded vide order in IA No.34/2020, dated 15.04.2020.

6. The Senior Divisional Manager, The Oriental Insurance Company Ltd., Flat No.403, 4^th Floor, Babu Khan Estate, Basheerbagh, Hyderabad – 500001, Impleaded vide order in IA No.35/2020, dated 15.04.2020. …Opposite parties Counsel for the Complainants : M/s. GLN Ramana Murthy Counsel for the Opposite Party No.1 to 3 : Mr. G. Venugopal Rao Counsel for the Opposite Party No.4 : Mr. S. Satyananda Rao Counsel for the Opposite Party No.6 : K.V. Rao.

QUORUM: HON’BLE SRI K.RANGA RAO - PRESIDING OFFICER-

MEMBER - (JUDICIAL).

&

HON’BLE SMT.R.S.RAJESHREE, MEMBER (NON JUDICIAL).

THURSDAY, THE FOURTH DAY OF DECEMBER, TWO THOUSAND TWENTY FIVE ORDER: (PER HON’BLE SMT. R.S. RAJESHREE, MEMBER, N-JUDICIAL)

1. This is a complaint filed by the Complainants U/s.12 of Consumer Protection Act, on 01.07.2015 against the Opposite Parties to direct them as follows:-

(i) Direct the Opposite Parties to pay a sum of Rs.18,00,000/- towards medical expenditure etc., spent on the wife of the Complainant.

(ii) To grant Rs.10,00,000/- towards mental and physical sufferance by the Complainant.

(iii) To grant Rs.10,00,000/- towards damages for the loss of companionship of the wife of Complainant.

(iv) And also to grant Rs.25,000/- towards costs on this petition.

(v) And pass necessary reliefs as this Hon’ble Commission deems fit and proper under the circumstances of the case.

2. Brief facts of the case: The case of the Complainant is that Opposite Party No.2 & 3 being husband and wife, both are medical practitioners in Urology, Andrology and Gynaecology and were working in Opposite Party No.1 hospital during 2011-2012. It is the case of the Complainant that in the last week of 2011 his wife Sarojini, aged 55 years approached the Opposite Party No.1 hospital with a complaint of pain in her right flank. Upon which after initial examination she was referred to Opposite Party No.3 and upon the advice of Opposite Party No.3 she underwent an ultra-sonography of her abdomen and pelvis and the report revealed mild prominence of right pelvicalyceal dilation. Subsequently a pan (without intravenous contrast) CT abdomen was also done to confirm the finding of ultrasound. The report showed “mild right renal pelvicalyceal and ureteric dilation till UVJ level with distal tempering.” that, under the advice and diagnosis of Oppostie Party No.3 his wife underwent URSL+DJ Stenting and was discharged on 03.01.2012. On 10.01.2012 the patient went for follow up treatment. Subsequently, on 03.02.2012 upon instruction of Opposite Party Nol./3 X-Ray KUB was done which revealed mild prominence and as the patient was asymptomatic, the stent was removed and the patient was discharged. Subsequently again on 13.03.2012 the patient went for a follow up treatment and was managed conservatively.

Later, in the month of August, 2012 the patient fell on the stairs and again approached the Opposite Party No.1 hospital. She was attended by Opposite Party No.2 & 3 and they found some tenderness in the lumbar spine a