Case nº Revision Petition No. 2080 Of 2011, (Against the Order dated 25/01/2011 in Appeal No. 444/2008 of the State Commission Andhra Pradesh) of NCDRC Cases, May 09, 2017 (case Dr. K. Raja Rajeshwari & Ors. Vs Ch. V. Narsimha Rao)

JudgeFor Appellant: Dr. Sushil Kr. Gupta, Advocate and For Respondents: Mrs. Radha, Advocate
PresidentDr. B.C. Gupta,Presiding Member and Mr. Dr. S.M. Kantikar,Member
Resolution DateMay 09, 2017
Issuing OrganizationNCDRC Cases

Order:

Dr. S.M. Kantikar,Member

  1. This revision petition is filed under Section 21(b) of the Consumer Protection Act, 1986 against the order dated 25.01.2011 passed in First Appeal No. 444 of 2008 by A.P. State Consumer Disputes Redressal Commission, Hyderabad whereby the State Commission allowed the appeal filed by the complainant and set aside the order dated 25.01.2011 passed by the District Forum, Ranga Reddy District.

  2. The facts relevant to dispose of this case are that the complainant, Ch. V. Narasimha Rao took his wife, Smt. Pushpa Kumari, since deceased, (hereinafter referred as the ''patient'') to M/s Vignesh Nursing Home of OP 1/Dr. K. Raja Rajeshwari on 12.5.2002. The patient had complaint of stomachache. She paid a sum of Rs.5,000/- to OP 1 for which no receipt was issued on the premise that it will be adjusted at the time of final settlement. OP 2/Dr. K. V. Appa Rao diagnosed the case as to be appendicitis. OP 2 operated the patient and found that it was gangrenous appendicitis and removed it in piecemeal. After operation, OP 2 never examined the patient. The condition of patient further deteriorated and OP 1 referred the patient to Apollo Hospital, Hyderabad where the complainant spent about Rs.1,05,000/- for the treatment of his wife. Unfortunately, the patient died on 19.05.2002. Hence, alleging medical negligence on the part of OPs 1 and 2, the complainant filed complaint before the District Forum, Ranga Reddy.

  3. The OPs challenged the complaint before the District Forum by way of written version and denied any negligence. The District Forum after considering the pleadings and evidence and relying few judgments of National Commission, dismissed the complaint.

  4. Aggrieved by the order of District Forum, the complainant preferred first appeal before the State Commission, which was allowed. The State Commission directed OP1/Dr. K. Raja Rajeshwari and OP 3/New India Assurance Co. Ltd. to deposit jointly and severally an amount of Rs.1,50,000/- in any nationalized bank in the name of the daughter (Ms. Harshita) of deceased, also awarded Rs.4,000/- as a costs.

  5. Aggrieved by the impugned order, the OPs filed the instant revision petition.

  6. We have heard learned counsel for the parties. Dr. Sushil Kumar Gupta, learned counsel for the petitioner vehemently argued that it was the case of gangrenous appendicitis. The patient was suffering from appendicitis/appendicular lumps. On the basis of laboratory reports and clinical...

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