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Smt. Anita vs Bindi Nursing Home on 26 September, 2013 cites

The New India Assurance Co.Ltd. vs Smt. Sunita Gupta And Anr. on 1 August, 2011

14. On the other hand, respondents No.1 & 2 have filed cross appeal i.e. F.A. No.871 of 2010 (New India Assurance Company Limited & Anr. Vs Smt. Anita & Anr.), seeking setting aside of the impugned order, on the grounds that the order passed by the District Forum is against the evidence on record and it was wrongly held that the pre-operation tests were not conducted by appellant no.2. Compensation awarded is wrong and the impugned order is against the evidence and material and is liable to be set aside.
State Consumer Disputes Redressal Commission Cites 0 - Cited by 1 - Full Document

V. Kishan Rao vs Nikhil Super Speciality Hospital & Anr on 8 March, 2010

20. To rebut the evidence led by the appellant, respondent no.1 has tendered the affidavit of Dr. Vikram Tondon Ex.RW-1/1, who has deposed as per the written version, consent form Ex.R-1 which is alleged to be signed by the husband of the appellant, but the column of witness is blank and no one has signed on behalf of respondent no.1. Ex.R-2 is the cover note vide which respondent no.1 was insured. Except this, respondent no.1 has not led any evidence. Once the appellant has brought the evidence against respondent no.1 regarding the medical negligence, then it was for respondent no.1 as well as Dr. Vikram Tondon who conducted the operation, to rebut the evidence led by the appellant. The principle of res-ipsa-loquitur is applicable, as enunciated by the Hon'ble Supreme Court in case "V. Kishan Rao Vs Nikhil Super Speciality Hospital & Another", 2010(2) RCR (Civil)- 929(SC), but as stated above, except the affidavit of Dr. Vikram Tondon, there is no evidence to rebut the evidence led by the appellant, whereby the appellant has proved the medical negligence on the part of respondent no.1. Hon'ble Supreme Court in the above mentioned judgment discussed a large number of authorities and in para nos.47 to 49, observed as under:-
Supreme Court of India Cites 23 - Cited by 350 - Full Document
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