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

C.C.No.219 OF 2017 Between:

Mr. Mandala Naresh Kumar, S/o.M.Chandra Skahar, Aged about 44 years, Occ: Business, R/o. 1/215/195, Madhava Nagar Colony, Miyapur, Hyderabad-500049, Rep. By his father Sri. Mandala Chandra Sekhar, S/o.Bhadrachalam, aged about 65 years, Occ: Business.

.....Complainants And

1. KIMS Hospital, M/s. KIMS Hospital Enterprises Pvt. Ltd., Rep. By its Director Chebroul Harini, O/o. Building No.1-112/86, Survey No.55/ΕΕ, Kondapur Village, Serilingampally Mandal, Hyderabad, Telangana State - 500084.

2. The Oriental Insurance Co. Ltd., Rep.by its Manager/Authorized person, Divisional Office-4, 6-2-976, 1st floor, Pavani Estates, PBNO.74, Khairtabad, Hyderabad, Telangana State - 500004.

3. KIMS Hospital, Multi Super Specialty Hospital, Rep by its Dr. B. Bhaskara Rao, Managing Director, CEO, Minister Road, Secunderabad-500003 (Opposite parties 2 & 3 are included by way of implead petition order bearing IA NO.1581/2018).

…..Opposite Parties Counsel for the Complainants : M/s. AVV Badarinarayaba &

Associates Counsel for the Opposite Parties 1 & 3 : Mr. G. Sudershan Reddy Counsel for the Opposite Party No.2: S. Satyananda Rao QUORUM: HON’BLE SRI KOLLA RANGA RAO- PRESIDING OFFICER-

MEMBER - (JUDICIAL)

HON’BLE SRI V.V.SESHUBABU, MEMBER (JUDICIAL)

FRIDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND TWENTY SIX (PER HON’BLE SRI V.V.SESHUBABU, MEMBER-JUDICIAL)

1. The complaint is filed U/s.17 (1) (a) (i) of Consumer Protection Act, 1986, seeking directions against the Opposite Parties to pay an amount of Rs.5,50,906/- and Rs.1,50,000/- with interest @12% per annum from 16.10.2016 till realization; to pay Rs.10,00,000/- towards medical expenditure; Rs.10,00,000/- for future treatment of the Complainant; Rs.10,00,000/- for damage caused to the health of the Complainant; and Rs.20,00,000/- as compensation for mental agony and for costs.

2. The brief averments of the original complaint and the amended complaint are that, the Complainant on 19.10.2016 at 2:00 PM was taken before Pranaam Hospital at Miyapur due to high reeling sensation and vomiting’s; that Doctors advised him to go for KIMS Hospital for better treatment suspecting the patient developed CVA; that at 6:00 PM on the same day patient was admitted in the Opposite Party No.1 hospital and Doctors suggested MRI test; that informed that sedatives is to be administered as patient was not co-operating; that father of Complainant consulted their relative Dr. Ramalingeshwar Rao at Guntur who advised not to undergo MRI on sedatives, but it advised fro anesthesia to be given under the supervision of anesthetist; that the same was informed to the duty Doctor and without paying any attention to the advise performed MRI by giving sedatives by technician instead an a anesthetist; that patient developed shivering’s, breathlessness and change of colour of body and became unconscious; that the attendants were informed by the Doctors that patient suffered cardiac respiratory arrest and performed chest compression and then shifted to MICU; that during resuscitation process patient had aspiration and developed pneumonia and enterococci organism as per the culture and sensitivity report; that he developed hypotrotenemia, renal shut down and infection with raised counts and went into coma; that on 24.10.2016 Doctors advised for tracheotomy, but was suggested to go to KIMS, Minister’s Road, Secunderabad to perform the same; that it was done only to avoid medical complications at Opposite Party No.1 hospital.

3. It is further submitted that the tracheotomy was conducted in the Opposite Party No.3 hospital thereby collected huge medical expenses; that to the Doctor B. Bhaskara Rao, the Director of KIMS Hospital, everything was informed about the gross negligence and mistake committed at the Opposite Party No.1 hospital by the Doctors therein, and without saying anything, another MRI was done which disclosed righ