REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1385 OF 2001 Kusum Sharma & Others .. Appellants Versus Batra Hospital & Medical Research Centre & Others .. Respondents

J U D G M E N T

Dalveer Bhandari, J.

1. This appeal is directed against the judgment and order dated 30^th August, 2000 passed by the National Consumer Disputes Redressal Commission, New Delhi (for short, ‘National Commission’) in Original Petition No.116 of 1991.

2. The appellants filed a complaint under section 21 of the Consumer Protection Act, 1986 claiming compensation of Rs.45 lakhs attributing deficiency in services and medical negligence in the treatment of the deceased Shri R.K. Sharma (who was the husband of appellant no.1, Kusum Sharma and the father of appellant nos. 2 and 3).

3. Brief facts which are necessary to dispose of this appeal are as under:-

4. Late Shri R.K. Sharma was a Senior Operations Manager in the Indian Oil Corporation (Marketing Division). In June 1989, he developed blood pressure. He was very obese. He complained of swelling and breathlessness while climbing stairs. He visited Mool Chand Hospital on 10.12.1989 but no diagnosis could be made. The Indian O