Case nº Revision Petition No. 1150 Of 2010, (Against the Order dated 16/06/2008 in Appeal No. 725/2008 of the State Commission Gujarat) of National Consumer Disputes Redressal Commission, September 16, 2010 (case 1. Ashok Dhirajlal Gohil and Ors. 2. Shri Girish Dhirajlal Gohil 3. Shri Sudhir Dhirajlal Gohil 4. Shri Arvind Dhirajlal Gohil Vs 1. Dr. Varsha Shah and Ors. 2. Sal Hospital And Medical Institute 3. United India Insurance Co. Ltd.)

JudgeFor Appellant: Ms.Surekha Raman, Advocate For In Person, Advocate and For Respondents: Nemo
PresidentMr. Ashok Bhan ,President and Mrs. Vineeta Rai ,Member
Resolution DateSeptember 16, 2010
Issuing OrganizationNational Consumer Disputes Redressal Commission


Father of the complainant/petitioner, who was aged 60 years, was suffering from heart ailment and was admitted in SAL Hospital and Medical Institute under Respondent No.1. Petitioner filed a complaint before the District Forum with the allegation that kidney of the deceased was affected while he was undergoing by-pass surgery, due to the negligence on the part of Respondent No.1. That Respondent No.1 was deficient in rendering service.

On being served, Respondents entered appearance and refuted the allegations made in the complaint.

District Forum, after detailed examination of the facts, dismissed the complaint, against which, petitioner filed appeal before the State Commission, which has been dismissed by the impugned order. State Commission, on the basis of the finding recorded by the District Forum, came to the conclusion that the respondent was not guilty of any medical negligence. That the petitioner had failed to produce any expert evidence to show that the respondent was negligent in the performance of her duties. After recording this finding, the State Commission came to the...

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