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M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)
FA No.129/2007.
Sunil Lala,
s/o Late Shri Kanhaiyalal Lala,
R/o ½, Racecourse Road,
Indore (M.P.).
…. APPELLANT.
VERSUS
1. M/s Curewell Hospital,
Through Manager,
Address – 19/1, T. C. New Palasiya, Indore (M.P.).
2. Dr. C. P. Kothari,
Address – 117, Kanchanbag, Indore (M.P.).
3. Dr. Sunil Jain,
Amol Gastroenterology Hospital & Centre
For Digestive Endoscopy & Maternity Home,
Address -- 20/1, Yeshwant Niwas Road, Indore (M.P.).
4. Oriental Insurance Company,
D. O. 3, Ratlam Kothi, Indore (M.P.).
…. RESPONDENTS.
BEFORE:
HON’BLE SHRI JUSTICE SHANTANU S. KEMKAR, PRESIDENT
HON’BLE SHRI S. S. BANSAL, MEMBER
COUNSEL APPEARING FOR THE PARTIES :
Shri Suresh Indorekar, learned counsel for the appellant.
Shri Subhash Gadak, learned counsel for the respondent no.1.
Shri S. K. Vyas, learned Senior Advocate with Shri Yash Vidhyarthi,
Learned counsel for the respondent no.2.
None for the respondent no.3.
Shri V. K. Saxena, learned counsel for the respondent no.4.
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O R D E R
(Passed on 29/1/20210)
The following order of the Commission was delivered by Shantanu S.
Kemkar, J :
This appeal under Section 15 of the Consumer Protection Act, 1986 (for
short the “Act of 1986”) has been filed by the complainant challenging the order dated
10.10.2006 passed by the District Consumer Disputes Redressal Commission, Indore (for
short the “District Commission”) in CC No.253/2004 whereby the District Commission has
dismissed his complaint seeking compensation from the respondents for the death of his
father.
2.
Brief facts, necessary for deciding this appeal are stated as under :
On 24.12.2002 the appellant’s father – Late Kanhaiyalal Lala (hereinafter
referred to as “patient”) was admitted in ‘Amol Gastroenterology Hospital & Centre For
Digestive Endoscopy & Maternity Home’, Indore of third respondent – Dr. Sunil Jain as
he had blood vomits on 19.12.2002 and also on 24.12.2002. Dr. Sunil Jain performed
endoscopy on the patient. The patient was diagnosed as having ulcer in the stomach.
He was treated for the same by Dr. Sunil Jain for 3 – 4 days. When again on 28.12.2002
the patient vomited blood Dr. Sunil Jain called Dr. C. P. Kothari (the second respondent)
a qualified surgeon for examining the patient. On the advice of Dr. C. P. Kothari the
patient
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was shifted on 28.12.2002 from Amol Gastroenterology Hospital & Centre For Digestive
Endoscopy & Maternity Home to the first respondent – Curewell Hospital, New Palasia,
Indore. Dr. C. P. Kothari on that day itself operated the ulcer and the patient was kept
admitted in the Hospital for post operative care. On 3.1.2003 the patient again vomited
blood on which Dr. C. P. Kothari took a decision to open and the site of operation. On
being opened Dr. C. P. Kothari found no bleeding from the site from where the patient
was operated. He then immediately closed the opened space without surgery.
3.
The complainant’s case before the District Commission was that when
second time the operation was done the complainant was informed that the patient had
Mallory--Weiss tear. The complainant alleged that when he had disclosed his wish to
take the patient to another Hospital, he was informed that the patient is suffering from
Disseminated Intravascular Coagulation( DIC ) which will be operated in this Hospital
itself. He also alleged that the respondents did not allow him to take the patient to other
Hospital and forcibly kept the patient in the first respondent / Curewell Hospital till
7.1.2003 on which date he got the patient discharged from Curewell Hospital and got him
admitted in T. Choithram Hospital and Research Centre, Indore, where the patient died
on 7.1.2003 itself.
4.
Alleging deficiency in service in not properly diagnosing the ailment and also
alleging negligence in treating the patient, the complaint was filed
