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1 Appeal No.1476/2019
Date of Filing :24.10.2019
Date of Disposal :06.09.2021
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED THIS THE 06thDAY OF SEPTEMBER-2021
PRESENT
Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER
MrsM.DIVYASHREE : LADY MEMBER
APPEAL NO.1476/2019
Dr. SabitaW/oVinodKallianpurkar,
Aged about 60 Years, Occ:Medical
Practitioner/Obstetrics & Gynecologist,
R/o: Kallianpurkar Nursing Home,
Shri Krishna KalyanMantap Road,
Geshpande Nagar, Hubballi-580 029.
..Appellant
(By Sri/Smt. R.V.Itagi, Advocate)
1. Shreepada S/o DattatreyaKulkarni,
Aged about 44 Years, Occ:Advocate,
R/o: No.14, Priyadarshini Colony,
Gokul Road, Hubballi-580 030.
2. Akash S/o ShreepadaKularani,
Aged about 13 years, Occ:Student,
R/o: No.14, Priyadarshini Colony,
Gokul Road, Hubballi-580 030.
3. Bhoomika D/o ShreepadaKularni,
Aged about 09 years, Occ:Student,
R/o: No.14, Priyadarshini Colony,
Gokul Road, Hubballi-580 030.
..Respondents
(In-person)
2 Appeal No.1476/2019
O R D E R
Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER
1. This is an Appeal filed u/s 27-A of Consumer Protection Act,
1986 by JDR/OP in E.A.No.57/2015, on the file of District
Consumer Disputes Redressal Forum, Dharwar, aggrieved by
the order dated 07.11.2019 passed by the said Forum (for short
District Forum and the parties arrayed as in E.A).
2. The facts in brief: DHR being a consumer raised complaint
No.180/2008 before the Forum below, alleging deficiency of
medical service on the part of the JDR, relating to deceased wife
of DHR/Respondent No.1 and Mother of Respondent Nos.2 and
3, respectively. The said complaint was enquired into by the
Forum below and held appellant herein found to be failed to
provide proper medical service, resulting thereby death of wife
was occurred, thereby directed appellant/Doctor to pay
compensation of Rs.3,00,000/- and Rs.5,000/- towards cost of
litigation within one month, failing which such amount carry
interest @ 8% p.a from the date of order till its realization by its
order dated; 25.03.2009.
3 Appeal No.1476/2019
3. Being aggrieved by the aforesaid order, appellant herein and
the respondent preferred appeal and cross appeal before this
Commission. The Commission had heard both appeals and
dismissed both the appeals confirming the order of the Forum
below.
4. Being aggrieved by the aforesaid order, both preferred
R.P.No.692/2010 and 3013/2011 respectively before the
Hon’ble National Commission and the Hon’ble National
Commission, while affirming the orders of District Forum and
State Commission, enhanced compensation to the extent of
Rs.15,00,000/- in addition to the compensation already
awarded by the Forum below by an order dated 28.05.2015 in
R.P.No.3013/2011 and dismissed R.P.No.692/2010, further
held respondents herein are entitle for cost of Rs.25,000/- and
directed to release Rs.2,00,000/- deposited by appellant herein
in favour of the respondents and the balance amount due to be
paid in terms of the order passed by National Commission shall
be paid by the appellant to the respondent No.1 within six
weeks from the date of receipt of copy of the order, failing
which amount due to be payable shall carry interest @ 9% p.a
from the date of filing the complaint till actual payment.
4 Appeal No.1476/2019
5. Finally, the appellant has preferred SLP before the Hon’ble Apex
Court in SLP (Civil) No.25939/25940 of 2015, which also came
to be dismissed
