State Consumer Disputes Redressal Commission
Dr. D.P. Sanan vs Surinder Kaur on 8 April, 2011
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
S.C.O. NO. 3009-10, SECTOR 22-D, CHANDIGARH.
First Appeal No.258 of 2006
Date of institution : 15.2.2006
Date of decision : 8.4.2011
1. Dr. D.P. Sanan,
2. Dr. Harsharan Kaur,
3. Dr. Vaid,
4. Dr. Sandhu, all treating doctors at Ram Saran Dass Kishori Lal Charitable
Hospital (also known as Kakkar Hospital, Amritsar).
5. Ram Saran Dass Kishore Lal Charitable Hospital (also known as Kakkar
Hospital, Amritsar) through its Manager.
.......Appellants
Versus
1. Surinder Kumar s/o Shri Banarsi Dass, father of deceased Amit Kumar.
2. Smt. Shashi W/o Shri Surinder Kumar, mother of deceased Amit Kumar,
both residents of House No.118, Dhola Nangal, Opposite Civil Line
Hospital, Nehru Gate, Batala, District Gurdaspur.
......Respondents
First Appeal against the order dated 11.10.2005 of
the District Consumer Disputes Redressal Forum,
Amritsar.
Before :-
Hon'ble Mr. Justice S.N. Aggarwal President.
Mrs. Amarpreet Sharma, Member.
Mr. B.S. Sekhon, Member.
Present :-
For appellants No.1,3,4 & 5 : Shri Updip Singh, Advocate.
For appellant No.2 : Shri Munish Goel, Advocate.
For the respondents : None.
JUSTICE S.N. AGGARWAL, PRESIDENT:
This order will dispose of two appeals, namely, First Appeal No.258 of 2006 (Dr. D.P. Sanan and others v. Surinder Kumar and another) and First Appeal First Appeal No.258 of 2006. 2 No.973 of 2006 (Surinder Kumar and anr. vs. Dr. D.P. Sanan & ors.) as both these appeals are directed against the same impugned order dated 11.10.2005 passed by the District Consumer Disputes Redressal Forum, Amritsar (in short "District Forum"). Facts are taken from First Appeal No.258 of 2006 and the parties would be referred by their status in this appeal.
2. The respondent had filed a complaint against the appellants alleging medical negligence committed by the appellants while treating Amit Kumar son of the respondents. It was pleaded that Amit Kumar son of the respondents (in short "the injured") was injured by two bullet shots on 15.10.2002 at 10.00 P.M. at Batala. After preliminary treatment in Civil Hospital, Batala, the injured was got admitted in emergency ward of Sri Guru Nanak Dev Hospital, Amritsar and from there he was shifted in Ram Saran Dass Kishori Lal Charitable Hospital appellants on 16.10.2002 at 2.20 A.M. The injured remained admitted in the appellant hospital from 16.10.2002 to 30.10.2002. He died. Medical negligence was alleged to the appellants. By filing the complaint, the respondents had claimed compensation from the appellants.
3. Notice was sent to the appellants. Originally the appellants had appeared through counsel in the District Forum on 23.9.2004 but thereafter they absented and were proceeded against ex parte. Learned District Forum accepted the complaint partly with costs of Rs.2,000/- vide ex parte order dated 11.10.2005 and the appellants were directed to make the payment of Rs.1,00,000/- with interest at the rate of 6% per annum to the respondents.
4. Hence this appeal (First Appeal No.258 of 2006) with the prayer that the appeal be accepted and the impugned order dated 11.10.2005 be set aside.
5. The respondents also filed the appeal (First Appeal No.973 of 2006) seeking enhancement in the amount of compensation awarded by the District Forum.
First Appeal No.258 of 2006. 3
6. Learned counsel for the appellants submitted that they be granted one opportunity so that the appellants are able to file the written reply and are permitted to lead evidence in support of their version.
7. We find merit in this submission. Since the appellants could not file the written statement and could not produce the evidence, therefore, the appellants were not able to project their version before the District Forum. Since the appellants had originally appeared and failed to appear subsequently, therefore, they deserve to be penalized with costs to compensate the respondents.
8. In these circumstances, this appeal is accepted, impugned order dated 11.10.2005 is set aside on the payment of costs of Rs.15,000/- by the appellants to the respondents and the case is remanded back to the District Forum, Amritsar.
9. The parties may appear in the learned District Forum, Amritsar on 29.4.2011. Learned District Forum shall afford one opportunity to the appellants to file written statement and the complaint shall be decided by the learned District Forum in accordance with law after affording opportunity to both the parties to produce their evidence besides considering the evidence already produced by the respondents.
10. The appellants had deposited an amount of Rs.25,000/- with this Commission at the time of filing of the appeal on 15.2.2006. Out of this amount, a sum of Rs.15,000/- be remitted to the respondents by way of two separate cheques of equal amount in favour of each of the respondents and the remaining amount along with interest on the amount of Rs.25,000/- be kept pending. The appellants will file an application in the registry as to which of the appellants had deposited this amount and thereafter the remaining amount with interest will be remitted to the appellants depending upon the plea taken in that application. FIRST APPEAL NO.973 OF 2006:
11. Since the impugned order dated 11.10.2005 has been set aside, therefore, this appeal for enhancement of amount of compensation has become infructuous and the same is dismissed as infructuous.
First Appeal No.258 of 2006. 4
12. The appeals could not be decided within the statutory period due to heavy pendency of court cases.
13. The file of the District Forum be returned immediately.
(JUSTICE S.N. AGGARWAL)
PRESIDENT
(MRS. AMARPREET SHARMA)
MEMBER
April 8, 2011 (BALDEV SINGH SEKHON)
Bansal MEMBER