First Appeal Nos. 582 and 697 of 2013. Case: Ravinder and Ors. Vs Kamlesh Rani and Ors.. Punjab State Consumer Disputes Redressal Commission
| Case Number | First Appeal Nos. 582 and 697 of 2013 |
| Counsel | For Appellant: Inderjit Sharma, Advocate and For Respondents: Abhishek Singla, Advocate |
| Judges | J.S. Klar, (Presiding Member (J)) and J.S. Gill, Member |
| Issue | Constitution Of India - Article 21; Consumer Protection Act, 1986 - Section 12 |
| Judgement Date | January 04, 2017 |
| Court | Punjab State Consumer Disputes Redressal Commission |
Order:
J.S. Klar, (Presiding Member (J))
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By this common order, we intend to dispose of the above referred two first appeals, as they have arisen out of the same order of the District Consumer Disputes Redressal Forum, Bathinda dated 14.03.2013 (in short 'the District Forum'), vide which the complaint of the complainants was allowed by directing OP Nos. 1 and 2 to pay Rs. 2 lakhs, being the compensation amount on all accounts to the complainants, besides Rs. 5000/- as cost. The order shall be pronounced by us in first appeal No. 582 of 2013 titled as "Dr. Ravinder Vs. Kamlesh Rani & others" which has been filed by the appellant/opposite party No. 1.
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The appellants of first appeal No. 697 of 2013 has filed this appeal, challenging order dated 14.03.2013 of District Forum Bathinda, for enhancement of compensation amount and litigation expenses, as awarded by the District Forum. The appellants of this appeal are complainants and respondents of this appeal are the opposite parties in the original complaint before the District Forum below and they be referred as such hereinafter for the sake of convenience.
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Complainants filed the complaint under Section 12 of the Consumer Protection Act, 1986 (in short, "the Act") against OPs on the averments that complainant No. 2 and late Om Parkas were admitted as indoor patients in Ravinder Hospital of OP No. 1 on account of acute high fever, headache, muscle-joint pain, body fatigue etc. on 06.11.2011. OP No. 1 conducted the blood test, blood group, blood sugar, liver function test, malaria test, dengue test from his own clinical laboratory and also got it done from Shivali Pathology laboratory, Ganesha Basti, Street No. 6, Goniana Road, Bathinda regarding hematology report on 06.11.2011, in morning of 07.11.2011, in evening of 07.11.2011 and on 08.11.2011 to determine the platelet counts of deceased Om Parkash. Om Parkash patient was given private room alongwith another patient Manish Kumar son of patient Om Parkash in the above room. At about 3.30 AM on 08.11.2011, Om Parkash fell down from the bed due to weakness on account of dengue fever. OP No. 1 provided bed to patient without any support. Head of the patient Om Parkash struck heavily on the floor in this process and due intimation was given to the attendants and staff of OP No. 1 immediately to call the doctor, who in turn conveyed it OP No. 1 Dr. Ravinder. OP No. 1 arrived at 11 noon to see the condition of patient Om Parkash. The patient Om Parkash started feeling acute headache and irritation and started crying with pain, whereupon complainant No. 1 again went to the attendant staff member of the doctor and also called him on phone. The residential address of the doctor was not disclosed to complainant No. 1 so as to call him. The staff gave injection of pain relief/sedition to Om Parkash, so that he could sleep and neither Dr. Ravinder nor his staff, checked the patient to determine the cause of fall from bed. Om Parkash patient was suffering from acute dengue fever and he was advised to avoid tooth brushing, shaving, walking and to avoid all type of injuries, meaning thereby complete bed rest to avoid any type of injuries. The dengue patients are prone to acute bleeding due to decreasing of platelet cells in the blood. The condition of Om Parkash worsened due to fall from bed, but he remained unconscious and unattended on account administering injection by the staff on the alleged instructions of Dr. Ravinder. At about 9.30 AM, patient had a blood stain vomiting. Complainant No. 1 and his relatives informed the staff member-attendant of OP No. 1 about the blood stain vomiting of Om Parkash, but the attendants stated that doctor would be informed and would be reaching at about 10:30 AM. Doctor when came at about 10:30 for conducting OPD and he was then requested to attend the patient. Total negligence was exhibited by OP No. 1 to patient Om Parkash in taking care of him. OP No. 1 insisted complainant No. 1 and family members to avoid the visit room of patient without checking pupils of eye, touch and pain sensation, movement of the limbs like legs, arms etc. and instructed complainant No. 1 and her family members that patient was taking nap/sleep under influence of injection applied to him by his staff. OP No. 1 stated that CT scan would be conducted when the patient woke up and he would be coming...
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