National Consumer Disputes Redressal
Dr. Anil Kumar Mittal vs Smt. Neelam Gupta & Ors. on 2 December, 2015
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVIEW APPLICATION NO. 277 OF 2015 IN RP/3145/2008 1. DR. ANIL KUMAR MITTAL ...........Appellants(s) Versus 1. SMT. NEELAM GUPTA & ORS. ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER HON'BLE DR. S.M. KANTIKAR, MEMBER For the Appellant : (IN CHAMBER) For the Respondent :
Dated : 02 Dec 2015 ORDER
1. The review petition is filed by the complainant/respondent seeking review on the following points:-
i. That the OP-1, Dr. Anil Kumar Mittal, even after holding deficiency in service, this Commission reduced the amount of compensation from Rs.2,00,000/- to a meagre amount in the sum of Rs.10,000/- and the review petitioner has prayed for enhancement of the compensation imposed upon OP-1 to an amount more than what stands awarded by the State Commission, U.P..
ii. This Commission imposed liability on the SBD Hospital. The copy of judgment has not been sent to the said hospital but has given direction to forward a copy of judgment to Union Health Ministry. Thus, this direction will allow the said hospital, not to comply with the impugned order. Hence, prayed for, to direct the Registry to supply copy of order to SBD Hospital.
2. Regarding point No (i): The crux of matter in the instant case is the negligence committed by the SBD Hospital blood bank, who did not follow standard blood compatibility tests procedure before issuing blood to the complainant. The OP-1 neither issued nor transfused the blood to the patient; hence, there is no direct nexus i.e. "Causa Cousens" to the resultant injury to the patient. Therefore, we have fixed the liability of Rs.10000/- only, upon OP-1 for issuing wrong report. Therefore, there is no apparent error for review on this point.
3. Regarding point No.(ii): We direct the Registry to send a copy of impugned order of Revision Petition No. 3145 of 2008 dated 07.07.2015 to the Medical Superintendent, SBD Hospital, Saharanpur, UP for the compliance within six weeks from the receipt of the copy of this order; otherwise it will carry interest @ 9% per annum till its realization. It is further directed to send a copy of impugned order to the Hon'ble Health Minister, Govt. of UP, for information.
The Review Petition stands disposed of accordingly.
......................J J.M. MALIK PRESIDING MEMBER ...................... DR. S.M. KANTIKAR MEMBER