First Appeal No. 826 of 2015. Case: National Insurance Company Limited and Ors. Vs Bedo Devi and Ors.. Haryana State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. 826 of 2015
CounselFor Appellant: Nitin Gupta, Advocate and For Respondents: Ashish Pannu, Advocate
JudgesNawab Singh, J. (President) and B.M. Bedi, Member (J)
IssueConsumer Law
Judgement DateJanuary 06, 2017
CourtHaryana State Consumer Disputes Redressal Commission


B.M. Bedi, Member (J)

  1. This appeal has been preferred against the order dated August 5, 2015 passed by District Consumer Disputes Redressal Forum, Sonipat (for short 'the District Forum') in Complaint No. 538 of 2012.

  2. Bedo Devi-complainant (respondent No. 1 herein) suffered pain in her abdomen. She visited Navjeevan Hospital-Opposite Party No. 2 where she was examined by Dr. Ramesh Sehgal-Opposite Party No. 1. After conducting necessary tests vide USG Report Abdomen dated 30 June, 2012, following observations were made:-

    "Right Kidney...normal in size, shape and location with normal cortical thickness with normal cortico-medullary differentiation. Shows a 10.2 mm calculus in upper calyx with a 12.9 mm calculus in lower ealyx.

    RK 93.7..X 40.9 mm

    Left Kidney normal in size shape and location with normal cortical thickness with normal cortico-medullary differentiation. Shows no back pressure changes. Shows no calculus.

    LK 99.2 X 43.8 mm

    Urinary Bladder normal in contour and capacity. No evidence of calculus mass seen. Wall thickness normal.

    RT Renal Calculi.

  3. On 29 August, 2012 she was admitted in the hospital of opposite parties No. 2 and 3 where surgical operation for removal of calculus/stone in right kidney was conducted by Dr. Jitender Rathod-Opposite Party No. 2, on same day, that is, 29 August, 2012. She was discharged on 1st September, 2012 with advice to take follow up treatment. It was alleged that even after operation, the complainant did not feel well and she suffered pain in abdomen. She visited the opposite parties No. 2 and 3 and was advised to take antibiotics but she did not get any relief. It was further alleged that during her treatment, the opposite parties No. 2 and 3 sent the patient to Vaishnav Nursing Home, Railway Road, Sonipat. The USG Report Abdomen of Bedo Devi (dated 6 September, 2012) is as under:-

    Liver is normal in size shape with normal echotexture with no focal lesion. Intrahepatic biliary rudicles and portal vein are normal. Portal vein measures 9.0 Mms.

    Gall Bladder is distended, shows marked wall edema with increased wall thickness with pericystic fluid, is anechoic.

    CBD is normal in course and caliber and measures 4.4 mms.

    pancrease is normal in shape.size echogenecity. Peripancreatic fascial planes are maintained.

    Spleen Normal.

    Both Kidneys normal in size with normal in, shape and echotexture with normal cortico-medullary differentiation and no dilatation of pelvicalyseal system seen.

    LK 91.5 X 45.5 mm.

    RK 103 X 38.4 mm shows a 10 mm calculus with post acoustic shadowing in upper calyseal zone.

    Urinary Bladder normal in contour and capacity. NO evidence of calculus/mass seen. Wall thickness is normal.

    No lymphadenopathy seen.

    Uterus and Adenexa Normal.

    Mild free fluid seen in pelvic and RT pleural cavity.

  4. Even thereafter, the complaint took treatment from various other hospitals/doctors viz. Satya Kiran Health Care Centre, Bansal Pathology Centre Bhagwan Mahavir Hospital Delhi, M/s. Madhuban Pharmacy Madhuban Chowk Rohini Delhi, Saroj Hospital and Heart Institute, Fortis Hospital Delhi as advised by the opposite parties but she did not get any relief. It was alleged that the opposite parties are not trained doctors to give/refer allopathic medicines and perform surgical operations because the doctors did not hold a valid degree recognized by medical council of India. No...

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