Case nº Revision Petition Nos. 3242 and 3364 of 2013 of National Consumer Disputes Redressal Commission, July 10, 2014 (case R.K. Pandey Vs Chandra Shekhar Pandey)
|For Appellant: Ashok Narayan, Dhar Dubey, B.S. Sharma, Sukant Vikram, Advocates and For Respondents: T.H. Naqvi, Ambarish Kaushal Srivastava, Advs.
|J.M. Malik, J. (Presiding Member) and Dr. S.M. Kantikar, Member
|July 10, 2014
|National Consumer Disputes Redressal Commission
Dr. S.M. Kantikar, Member
This judgment will decide two Revision Petitions as the facts are similar, which are filed against the impugned orders of the State Consumer Disputes Redressal Commission (in short, 'State Commission') in Appeal No. 18 of 2010 and Appeal No. 39 of 2010.The State Commission dismissed the Appeal filed by the Petitioner and allowed the Appeal filed the Respondent for enhancement of compensation against order of the District Consumer Disputes Redressal Forum (in short, 'District Forum'). We draw the facts from RP/3242 of 2013.
The complainant Chandra Shekhar Pandey's wife since deceased Smt. Shanti Pandey(herein "patient") had undergone a Ultra-Sonography test (USG) by Dr. Salil Chandra,(OP-1) and was diagnosed as a case of gall stones of 6x6 mm and 6x9mm size in her gall bladder. Thereafter, as per advise of Dr. Chakarpani Pandey, physician the Complainant took his wife to the surgeon Dr. R. K. Pandey(the petitioner/the OP-2), who advised surgery for removal of her gall bladder at the cost of Rs.10,000/-. Accordingly, the patient Smt. Shanti Pandey was admitted in Saraf Hospital, Gorakhpur on 16.11.2000 for surgery by Dr. R.K. Pandey. During operation, Dr. Pandey, did not find any stone in the gall bladder, but noticed that the gall bladder was malignant (Cancer). Dr. Pandey proceeded to conduct surgery for removal of gall bladder without calling any cancer specialist. Then the patient was kept in Saraf Hospital (OP-3) for nine more days under observation without any treatment of cancer, and she expired on 25.11.2000. Thus, the Complainant filed a complaint before District Forum, Gorakhpur with allegations that, Dr. Salil Chandra (OP-1) had issued wrong report of gall stones, while Dr. R. K. Pandey knifed against norms of surgery of a malignant part and OP-3 Saraf Hospital who kept the patient unnecessarily for 9 days. The Complainant prayed for total compensation of Rs.3,00,000/-
The District Forum dismissed the complaint. Therefore, aggrieved by the order, the complainant filed the First appeal 1998/2004 before the State Commission by reiterating that Dr. Salil Chandra and Dr. R. K. Pandey were guilty of medical negligence.
The State Commission, Lucknow, UP held Dr. R. K. Pandey (OP-2) and Saraf Hospital (OP-3) guilty of medical negligence and deficiency in service. State Commission ordered the OP-2 and 3 to pay jointly and severally.compensation of Rs.2,55,000/- and Rs.10,000/- as litigation...
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