STATE CONSUMER DISPUTE REDRESSAL COMMISION

JAIPUR RAJASTHAN

COMPLAINANT NO. 49/2010

1- Smt. Sampatti wife of shri sumer lal sharma aged on 42 years, R/o

wabli (maholi), district karauli. (Raj.)

2- Kumari Sapna D/o late Shri Sumer lal sharma aged on 21 years.

3- Kumari Kalpana D/o late Shri Sumer lal sharma aged on 20 years.

4- Kumari Laxmi D/o late Shri Sumer lal sharma aged on 18 years.

5- Kumari Babi D/o late Shri Sumer lal sharma aged on 16 years

through nature guardian mother.

6- Kumari Boji D/o late Shri Sumer lal sharma aged on 13 years

through nature guardian mother.

7- Ram Gopal S/o late Shri Sumer lal sharma aged on 10 years

through nature guardian mother All R/o village wabli (maholi),

Tahsil & District karauli (Raj.).

---------------COMPLAINANTS

Versus

1- Dr. C.K. Sharma R/o 22, Gulab bag, Karauli (Raj.)

2- Dr. C.K. Sharma nursing home through proprietor Dr. C.K. Sharma

R/o 22, Gulab bag, Karauli (Raj.)

-----------NON- COMPLAINANT

Date of Judgement : 09-10-2017

Before:

Hon’ble Presiding Member : Mr. Vinay Kumar Chawla

Hon’ble Member : Smt Meena Mehta.

Present:

Complainant : Mr. S.B. Gupta Advocate.

Non Complainant No. 1 & 2 : Mr. Gopal Shastri Advocate.

Non Complainant No. 3 : Mr. Sanjeev Arora Advocate.

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The brief facts of this complaint are that the deceased Sumer

Lal husband of complainanat no.1 and father of complainant nos.

2to 7 was working as a class IV employee in a government school

at village Mohali District Karurali. The deceased had developed an

abscess in his anus. He consulted the opposite party who is a

private medical practitioner at Kaurali on 4.12.2009 who advised

some tests and prescribed some medicines after the tests. The

opposite party advised the deceased to consult after four days. The

deceased visited the opposite party on 8.12.2009 when he

prescribed some medicines for five days and asked him to come on

14.12.2009 when he advised the deceased to undergo a minor

operation. The deceased was admitted to the nursing home at 12

noon. At 2 pm it was reported that deceased had died during

operation. An FIR was lodged by a cousin of the deceased for

negligent act of the opposite party. A medical board of four doctors

was constituted who did a autopsy of the deceased and gave its

finding that “cause of death of Sumer Lal S/o of Ram Gopal Sharma

is due to sudden …………respiratory arrest resulting from spinal

shock sufficient to cause death in ordinary course of life”. This

medical board was constituted on the request of the police after an

FIR was registered.

On 24.12.2010 after one year of the incident the

Superintendent of Police Kaurali requested the Joint Director of

Medical and Health Department. Bharatpur to constitute a medical

board consisting doctors outside the Kaurali to opine about the

cause of death of the deceased. On 10.01.2011 a medical board

consisiting of Dr. Akhilesh Srivastava Jr. Specialist Surgery, Dr. K D

Sharma Specialist Medicine, Dr. Dinesh Bansal Jr. Specialist

Surgery, Dr. Shyamsunder Agarwal Sr. Specialist Ortho, Dr. Mukesh

Gupta Medical Jurist all working in RBM Hospital, Bharatpur. This

board submitted its report and opined that there was no negligence

on the part of the opposite party and it was also not necessary to

call a Anesthetist at the time of administering anesthesia to the

deceased. On the basis of this report the police filed a final report

and closed the case.

The complainants filed this consumer complaint for

compensation on the ground that the deceased was given overdose

of anesthesia resulting in immediate death of the deceased on the

operation table. The opposite party filed its reply and denied the

averments of the complaint. The opposite party relied on the

second It was also submitted that there was necessity of the

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presence of Anesthetist at the time of the operation. It was further

submitted that complainants are not entitled for any compensation

as after the

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