ORDER

1.       Heard Mr. Vivek Singh, Advocate, for the complainants and Mr. Nikhil Jain, Advocate, for the opposite parties.  

2.       Smt. Sadhna Singh and Master Saksham (minor) have filed above complaint, for directing the opposite parties jointly and severally to pay (i) Rs.21000000/- with interest @12% per annum from 10.08.2016 till the date of realization, as compensation; and (ii) any other relief which is deemed fit and proper in the facts and circumstances of the case.

3.       The complainants stated that Satya Prakash Maurya, aged about 44 years (husband of complainant-1 and father of complainant-2) was posted as Additional Chief Judicial Magistrate, Bhabhua, Kaimur, Bihar, in 2016. Satya Prakash Maurya owned Flat No. A/3, 1^st Floor, Vaishnav Apartment, Samad Road, Kwarsi, district Aligarh. Satya Prakash Maurya (the patient) suffered from pain in abdomen region during June, 2016 and was advised to undergo Ultra Sonography, especially for Hepatobiliary by the consultant physician at Bhabhua on 21.06.2016. Ultra Sonography report dated 06.07.2016 showed “3-4 gall stones within of largest approximately 1.8 cm without mass lesions and in his kidney- E/0 3.0 mm calculi seen at lower pole of right kidney and 5.6 mm calculi seen at upper pole of left kidney with mildly dilated b/I renal pelvis. Impression: Cholelithiasis, B/L Neprolithiasis with B/L Mild Hydronephrosis RT>LT”. The patient then consulted at District Government Hospital at Bhabhua, who referred to higher specialized centre for further management. The patient then visited Mithraj Multi Super Speciality Hospital and Research Centre (OP-1) on 01.08.2016, where he was examined by Dr. Rajendra Varshney (OP-2), who conducted various tests on 01.08.2016. After examining test reports, OP-2 fixed 02.08.2016 for laparoscopic surgery of the patient. The patient deposited Rs.25000/- and was admitted in the hospital on 02.08.2016 at 8:00 hours. The patient was taken to operation theatre, where a team of the doctors consisting of Dr. Rajendra Varshney, Dr. Arshad Jamal, Dr. Jiya Siddiqui, Dr. Amit and Technician Sunil Kumar attended him. After one and half hours, the doctors came out from operation theatre and informed complainant-1 that the stones were stuck in the liver and open surgery had to be performed. Complainant-1 told to the doctors to do best possible treatment of the patient. After half an hour, Dr. Rajendra Varshnay (OP-2) came out from operation theatre in worried condition. Complainant-1 and other family members curiously asked him about the condition of the patient, on which, OP-2 informed that laparoscopic surgery was done, for which three holes were done. Through one hole an operation instrument, like mouse, was inserted, which cut unwanted part but they were managing it. On this information, complainant-1 and other family members worried and started further queries from OP-2 about the condition of the patient but OP-2 did not disclose as to what had happened and rebuked complainant-1 and her family members. At about 12:30 hours, all the doctors came out of the operation theatre and informed that the operation was successful and the patient would be kept in ICU. The patient was taken to ICU at 13:00 hours. Complainant-1 and her family members were permitted to meet the patient at about 17:00 hours, then he informed that he had difficulty in breathing. Complainant-1 informed Dr. Amit, who was In-charge of ICU at that time about the problem of the patient, who in turn, informed Dr. Rajendra Vashnay (OP-2) about the breathing problem of the patient. Dr. Rajendra Vashnay (OP-2) attended the patient at the time of round and informed that normally after operation, the patient shows such symptoms but nothing to bother. The patient was kept in ICU on 02.08.2016 also. The doctors were talking among themselves in a fishy manner as if something was not well. In ICU, they used to conduct X-ray and ultrasound of the patient but nothing was informed to the attendants o