State Consumer Disputes Redressal Commission
Dr. B.Alagammal, Theni. vs C.Annadurai,Tirupur. on 30 January, 2014
IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MADURAI BENCH.
Present: Thiru.A.K. ANNAMALAI, M.A.M.L.,M.Phil., Presiding Judicial Member
Thiru.S. SAMBANDAM, B.Sc, Member
F.A.No.20/2012
(Against the order in C.C.No. 49/2005, dated 31.07.2008 on the file of DCDRF,
Theni)
THURSDAY, 30th DAY OF JANUARY 2014.
1. Lakshmi Nursing Home,
represented by its Proprietor,
Dr. B.Alagammal, Theni.
2. Dr.B.Alagammal,
C/o Lakshmi Nursing Home,
Madurai Road,
Theni. Appellants/Opposite Parties 3 & 4
Vs
1. C.Annadurai
S/o Chinnarasu,
C.Pudupatti
Uthamapalayam Taluk,
Theni District,
Presently residing at
Palanichamy Compound,
Bharani Nagar II Street,
Pappanaickenpalayam,
Tirupur.
2. R.Selvam,
S/o Raju,
Pannaipuram,
Uthamapalayam Taluk,
Theni District. Respondents 1 & 2 /Complainants 1 &2
3. Kalanjiyam Hospital,
Represented by its Director,
Paluthu Villakku,
Kadamalaikundu,
Andipatty Taluk, Theni District.
2
4. Tmt. Susila,
W/o Ramasamy,
C/o Kalanjiyam Hospital,
Kadamalaikundu.
5. Dr.Siva,
C/o Lakshmi Nursing Home,
Madurai Road,
Theni.
6. Udaiyappa Hospital,
Represeted by its Proprietor,
Dr.U.Kannappan, Respondents 3, 4, 5 & 6/Opposite Parties
Madurai Road, Theni. 1, 2, 5 & 6
Counsel for Appellants/Opposite Parties 3 & 4: Mr.K.Govindarajan, Advocate.
Counsel for Respondents 1 & 2/
Complainants 1 & 2 : Mr. V. Balaji, Advocate.
Counsel for Respondents 3 to 6 : Given up.
This appeal coming before us for final hearing on 17.12.2013 and on
hearing the arguments of respondents' side and upon perusing the material
records this Commission made the following:
ORDER
THIRU. A.K.ANNAMALAI, PRESIDING JUDICIAL MEMBER.
The opposite parties 3 and 4 are the appellants.
1. The 1st Respondent as complainant filed the complaint before the District Forum, Theni praying relief against the opposite parties for the alleged medical negligence in giving treatment to the daughter of the 1st complainant for delivery and because of the alleged negligent treatment given to the complainant's daughter and subsequently the baby delivered died, 2 nd 3 complainant being the husband of the patient, and thereby claiming compensation against the 1st and 2nd opposite parties for Rs.3,00,000/- and for wrongful treatment and negligence against the 4th opposite party for Rs.3,00,000/- and another sum of Rs.3,00,000/- for causing death by admitting the patient without consent in 3rd opposite party's hospital and for non delivery of deceased child without sending for post mortem and thereby for Rs.3,00,000/- against the 4th opposite party and Rs.3,00,000/- against the 5th opposite party who had assisted the 4th opposite party and Rs.2,00,000/- towards compensation for mental agony and deficiency in service and Rs.10,000/- towards costs.
2. Before the District Forum, the opposite parties 2 and 6 remained absent and set exparte and other opposite parties contested the allegations against them by filing necessary written versions and after an enquiry the District Forum allowed the complaint in part as against the opposite parties 1, 2 and 4 directed to pay a sum of Rs.4,00,000/- as compensation for medical negligence and mental agony jointly and severally and directed the 4 th opposite party to pay a sum of Rs.1,00,000/- as compensation for not maintaining records and not handed over the body of the dead child and Rs.1,00,000/- as compensation for mental agony with 12% interest and Rs.6000/- as costs payable by the opposite parties 1 and 4 equally and the entire compensation shall be shared by the complainants in 70% and 30% ratio since the 2nd complainant had remarried and the case against the opposite parties 5 and 6 was dismissed. 4
3. Aggrieved by the impugned order of the District Forum, the 3 rd and 4th opposite parties have come forward with this appeal. Already, the 1st opposite party alone filed an appeal against the order in F.A.No.18/2012 which was disposed of by this Commission on 05.11.2012 by reducing the compensation to Rs.2,50,000/- from Rs.4,00,000/- and in other respects as far as the opposite parties 1 and 2 are concerned, the order of the District Forum was confirmed. Now, in this appeal, the appellant/3rd and 4th opposite parties has failed to appear before this Commission in spite of specific directions and chances given for their appearances and for arguments and thereby in their absence after hearing the arguments of Respondents 1 and 2, the order being passed on merits.
4. The District Forum after an enquiry, allowed the complaint against the opposite parties 1, 2 and 4 and as far as the appellants in this appeal, the opposite parties 3 and 4 are concerned, the District Forum found deficiency in service against the opposite party 4 in not maintaining the records and thereby directed the 4th opposite party to pay a sum of Rs.1,00,000/- as compensation for failure to maintain the records and to hand over the body of the stillborn child and Rs.1,00,000/- as compensation for mental agony with 12% interest from the date of complaint till realization of the amount and Rs.6000/- as cost payable by the opposite parties 1 to 4 equally and the complaint against the opposite parties 5 and 6 was dismissed. So, already as far as the 1st and 2nd opposite parties are concerned by confirming the order of the District Forum regarding the 5 negligence and deficiency in service caused reduced the quantum of compensation alone appeal preferred by them, was allowed in F.A.No.18/2012, dated 05.11.2012 by this Commission. Hence, we need not once again go to the merits of the negligence and other deficiency in service against the opposite parties in view of the findings in F.A.No.18/2012 and as far as in this appeal is concerned, though the appellants 3 and 4 are appellants, the 3rd opposite party being the Lakshmi Nursing Home represented by its proprietor Dr.B. Alagammal who is arrayed as opposite party 4 the District Forum, directed the 4th opposite party alone by taking into consideration by the ownership of the opposite party 3 by the opposite party 4 to pay a sum of Rs.1,00,000/- each for negligence and deficiency in service for non-maintaining of records and not handed over the still- born child to the complainant after delivery and Rs.1,00,000/- as compensation for mental agony and as far as the amounts are concerned, the learned counsel for the Respondents 1 and 2 pointed out the circumstances relating to the hand over the stillborn child after death of child the observation made by director of the Public Health Works Chief, Theni District, Health Service relating to the enquiry report made (under Ex 18) in which it is observed that the Sweeper of the 3rd opposite party hospital, one Vellaiyammal handed over the dead body of the child to the polythene paper picker whose address and name not known and thereby without taking care to hand over the dead body of the baby to the parents, they carelessly handed over the stillborn baby's body to the unknown person is condemnable and this act would even show the callousness and 6 reckless attitude of the hospital authorities. In the circumstances, the direction of the District Forum awarding a sum of Rs.1,00,000/- for the negligence in not maintaining the records and not handing over the baby, awarding a sum of Rs.1,00,000/- and Rs.1,00,000/- as mental agony though not on the higher side, we are of the view that it could be reduced to some extent in view of the concession of reduction of compensation was considered for other opposite parties 1 and 2 in appeal F.A.No.18/2012 and thereby in this case, we are inclined to reduce the compensation in each category as Rs.50,000/- from Rs.1,00,000/- and thereby this appeal is to be allowed in part by modifying the order of the District Forum.
5. In the result, the appeal is allowed in part by modifying the order of the District Forum as follows:
(1) The order of the District Forum directing the 4th opposite party to pay a sum of Rs.1,00,000/- each with 12% interest to the complainant as compensation for failure to maintain the record and hand over the body of the still born child and for mental agony is hereby set aside.
(2) In stead, the 4th opposite party is directed to pay only a sum of Rs.50,000/- each as compensation for failure to maintain the record and hand over the body of the still born child and for mental agony, in all totalling Rs.1,00,000/- with 12% interest from the date of complaint till realisation.
(3) In other respects, the order of the District Forum regarding the costs is hereby confirmed.7
(4) No order as to costs in this appeal.
Sd/- S. SAMBANDAM, Sd/-A.K. ANNAMALAI,
MEMBER. PRESIDING JUDICIAL MEMBER.
INDEX: YES / NO
TCM/Mdu Bench/Orders- 2013/Dec