ORDER

Appeared at the time of arguments:

For the Appellants          :  Mr. S.K. Bhattacharya, Advocate

   Mr. Niraj Bobby Paonam, Advocate

   Ms. Tomthinnganbi Koijam, Advocate

For the Respondents       :  Mr. P. Ramesh Kumar, Advocate

   & Ms. R.K. Sonita, Advocate

   with Respondent in person   

Pronounced on:  15 March 2023 

ORDER

1.       The Appellants- Dr. Naorem Sharatkumar Singh & Dr. Y. Iboton Singh have filed the instant Appeal under section 19 of the Consumer Protection Act, 1986 (in short “the Act ,1986”) against the impugned Judgment dated 05.05.2017 passed by the State Consumer Disputes Redressal Commission, Manipur (hereinafter referred to as the “State Commission”) in C.C. no. 04/2007, whereby the State Commission allowed the Complaint and awarded compensation.   

2.       For the convenience, the parties are being referred to as mentioned in the Original Complaint.

3.       Brief facts that on 19.01.2007, the Complainant   along with her husband  Gourachandra Sharma (since deceased hereinafter referred to be as ‘patient’), got his medical checkup done at Shija Hospitals and Research Institute, Langol, Imphal (for short, ‘Shija Hospital’), from there he was referred to the Nephrologist. Thereafter, the Complainant and the patient went to the residence of the Nephrologist- Dr. Naorem Sharatkumar Singh (OP-1) who examined the patient and advised for admission to Imphal Hospital & Research Centre (OP-3). Accordingly on 21.01.2007 the patient got admitted to OP-3 under care of OP-1.  The Ultrasound (USG) Doppler study showed the patient suffering from Inferior Vena Cava Thrombosis. The patient was discharged after one week on 27.01.2007. He was again admitted to Regional Institute of Medical Sciences, Imphal (RIMS) on 06.02.2007 under supervision of OP-1 and Dr. Y. Iboton Singh (OP-4). It was alleged that after admission for two days no treatment was given. The patient was transfused blood on 08.02.2007, 09.02.2007 and 10.02.2007, but his condition did not improve, but it worsened on 12.02.2007. The Counsel argued that the patient was required packed RBC but the OP-1 and OP-4 allowed to proceed transfusion of whole blood on 08^th, 09^th and 10^th February 2007. He further argued that the OP-1 and OP-4 did not give adequate information of Haemodialysis treatment as a last resort on 12.02.2007 and 13.02.2007. It was alleged that in order to save their skin the OP-4 advised discharge of the patient on 13.02.2007. The discharge card mentioned as ‘Discharge on request.’ without mentioning the time. On the next day (14.02.2007) in the morning the nurse administered three injections namely Inj Huminsulin, Inj Wepox, Inj Zonda to the patient. At about 10 am, OP-1 checked the patient and gave a referral letter to the doctor/hospital at Kolkata for further management. On the same day by ambulance of RIMS Hospital, the patient was taken to the Imphal airport, but the airline staff refused to board the patient the flight. Therefore, the patient was returned back to hospital and  died at 2 PM. Being aggrieved by the death of patient due to alleged  medical negligence of the OPs, the Complainant (patient’s wife) filed Consumer Complaint before State Commission, Manipur and prayed compensation of Rs.2400000/- with  the cost of treatment at two hospital Rs.90,000/-. 

4.       The OPs filed their separate written versions. The OP-1 raised preliminary objection that complainant was not a ‘consumer’ as under the Act, 1986 as all the patients are treated free and only token amount was taken from the patients towards registration. The instant patient was treated completely free of charge at RIMS Hospital. The director of Imphal Hospital (OP-3) never received any consideration from the patient since the OP-1 had rendered his service free of charge. The OP-4 in his reply took similar objection.

5.       It was further submitted that on 20.01.2007 the Complainant along with the patient came to the house of the OP-1 for medical consultation. Being a c