ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH.

Date of institution : 28.02.2024 Reserved on : 13.02.2026 Date of decision : 25.02.2026 Dr. Joginder Singh S/o Sh. Mukhtiar Singh R/o Quarter No.4, Civil Hospital, Garshankar, District Hoshiarpur.

2^nd Address: C/o Guru Nanak Hospital, Garhshankar, District Hoshiarpur.

…..Appellant/Opposite party No.2 Versus

1. Karan Khutan minor son of Sh. Harmesh Kumar through her mother and natural guardian Sunita Rani W/o Sh. Harmesh Kumar, R/o Parmod Nagar, Ward No.2, Garhshankar, District Hoshiarpur.

2. Sunita Rani W/o Sh. Harmesh Kumar, R/o Parmod Nagar, Ward No.2, Garhshankar, District Hoshiarpur.

.….Respondents No.1 & 2/Complainants

3. State of Punjab through Collector, Hoshiarpur .….Respondent No.3 /Opposite Party No.1 AND

2) First Appeal No.156 of 2024 Date of institution : 21.03.2024 Reserved on : 13.02.2026 Date of decision : 25.02.2026

1. Karan Khutan minor son of Sh. Harmesh Kumar through her mother and natural guardian Sunita Rani W/o Sh. Harmesh Kumar, R/o Parmod Nagar, Ward No.2, Garhshankar, District Hoshiarpur.

2. Sunita Rani W/o Sh. Harmesh Kumar, R/o Parmod Nagar, Ward No.2, Garhshankar, District Hoshiarpur.

….Appellants/Complainants Versus

1. State of Punjab through Collector, Hoshiarpur

2. Dr. Joginder Singh S/o Sh. Mukhtiar Singh R/o Quarter No.4, Civil Hospital, Garshankar, District Hoshiarpur.

2^nd Address: C/o Guru Nanak Hospital, Garhshankar, District Hoshiarpur .….Respondents/Opposite Parties First Appeals against the order dated 23.01.2024 passed by District Consumer Disputes Redressal Commission, Hoshiarpur in CC/483/2022 Quorum:-

Mr. H.P.S.Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Present:-

(in FA/141/2024)

For the appellant : Sh. Naveen Batra, Advocate For respondent No.1 & 2 : Sh. Ankit Rana, Advocate For respondent No.3 : None (In FA/156/2024)

For the appellants : Sh. Ankit Rana, Advocate For respondent No.1 : None For respondent No.2 : Sh. Naveen Batra, Advocate KIRAN SIBAL, MEMBER This order shall dispose of the above noted two First Appeals preferred against the same order dated 23.01.2024 passed by District Consumer Disputes Redressal Commission, Hoshiarpur (in short, “the District Commission”), whereby the District Commission partly allowed the complaint of the complainants while granting the following relief:

“28. In view of the above detailed discussion, the instant complaint is partly allowed with a direction to opposite party No.2- Dr. Joginder Singh to pay an amount of Rs.7,00,000/- (Rupees Seven Lakhs only) to the complainant as compensation and further directed to pay an amount of Rs.30,000/- (Rupees Thirty Thousand only) as cost against litigation expenses made by the complainants……”

First Appeal No.141 of 2024 has been filed by OPs No.2 for setting aside the impugned order of the District Commission whereas the complainants have filed first appeal No.156 of 2024 for enhancement of compensation. The facts are taken from First Appeal No.141 of 2024 filed by the appellant/OP No.2 titled as “Dr. Joginder Singh Vs. Karan Khutan & ors”.

(FA 141 of 2024)

2. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. Brief facts of the case for disposal of the appeal are that complainant No.1, who is a minor son of complainant No.2, got a fracture on his left arm on 25.03.2022 while playing football. The football club members informed his mother (complainant No.2) about the said injury and got admitted complainant No.1 to Guru Nanak Hospital, Garhshankar, where OP No.2, who is a government doctor posted at Civil Hospital Garhshankar, without conducting any X-ray or scanning got plastered his arm. After applying the plaster OP No.2 discharged him and asked complainant No.2 to come after three days for follow up. He further assured that her son would be alright within 15 days and treatment given by him was sufficient. The complai