Date of Filing:30.09.2021 Date of Order:19.09.2022 BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SHANTHINAGAR BANGALORE - 27. Dated: 19TH DAY OF SEPTEMBER 2022 PRESENT SRI.H.R. SRINIVAS, B.Sc., LL.B. Retd. Prl. District & Sessions Judge And PRESIDENT SRI. Y.S. THAMMANNA, B.Sc., LL.B., MEMBER COMPLAINT NO.405/2021 COMPLAINANT : | | Mrs. Krishma K.S Age: 30 years, W/o Rakesh. V.R, presently R/at No.P-124, 4th “A” Cross, Nagappa Block, Srirampuram, Bangalore-560021. (Rep. by Adv. Sri.Azhar Meer) | | Vs | OPPOSITE PARTIES: | | Tamara Hospital and IVF Centre, No.34/3, 10th Cross, 1st “N” Block, Rajajinagar, Bangalore-560010. Represented by its Managing Director Mr. Ajay Raghavendra Gowda. (OPPOSITE PARTY is rep. by Adv. Sri.Anish John) | | |
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ORDER
BY SRI.H.R.SRINIVAS, PRESIDENT.
1. The complainant has filed this complaint u/Sec. 35 of the C.P Act, 2019 alleging deficiency and negligence in providing medical treatment and for reimbursement of Hospital expenses of Rs. 5 lakhs for the injuries caused due to the negligence on the part of OPPOSITE PARTY, and a sum of Rs. 55 lakhs as compensation for causing mental agony, hardship along with interest at 18% p.a on the said amount and also for litigation expenses, notice charges and for other reliefs as the forum deems fit under the circumstances of the case
The brief facts of the complaint are:
2. That the complainant availed the services of OP between 2019 and 2020 for the evaluation of her health during pregnancy and for the delivery of the baby at the OP Hospital which is a super specialty Hospital focusing on fertility, diagnostic, pregnancy and woman health. It is also a large gynecological center equipped with all facilities and equipment and medical electronic systems. OP Hospital has an experience of 35 years in the field of health care. She visited the Hospital in the month of June 2019 and afterwards on 26.07.2019 for consultation and evaluation of her health and of the baby in the womb. One Dr.Bharati Rajanna was looking after her and treating her during the gestation period. As per the prescription of the said doctor, ultrasound scanning, blood test, urine test, sugar test NSD test were conducted and medication was prescribed and the same was followed by her. On 20.03.2020 again ultrasound of NSD to check the stress level of the fetus was taken as per the suggestion of her doctor, who advised her to get admitted on 23.03.2020 for the delivery and suggested to wait for another day for normal delivery and in case the same not possible, to go in for cesarean surgery.
On her advise she got herself admitted at 11-45 AM on 23.03.2020 and was administered medicine to induce the pelvic pain for a normal delivery. On 24.03.2020, the said doctor visited her around 10-00 AM and asked her to wait for a normal delivery. Again at 11-00 “O” clock she was informed by the doctor that as there is decline in the heartbeat of fetus decided to go for caesarian delivery and she was shifted to operation theatre and under the administration of spinal Anesthesia Caesarian surgery was performed and she delivered a baby girl at about 12-14 PM. She was given medication to prevent blood loss due to the surgery. She began to experience severe bout and shivering at the end of the procedure. Due to which she was very uncomfortable and was under fear. Afterwards, she was shifted to her ward at 1-00 PM though she was still undergoing shivering.
Due to the said shivering the duty nurse put two hot water bags under her both legs near the ankle and covered with blankets from the leg to the neck. At that time, her husband Mr. Rakesh, her mother in law Pushpa, her mother Vijayalakshmi were present in the room taking care of the baby. The duty nurse who placed the hot water bag under the ankle of both legs did not inform the persons who were in the room regarding keeping of the hot water bags. The duty nurse was fully aware that the complainant has undergone caesarian surgery under spinal Anesthesia. She was placed with responsibility of looking after the complainant and ought to have informed the relatives of the complainant who were present regarding keeping the hot water bags and to take care of. Since her husband was in the Hospital for the last 24 hours he went to his home to get himself fresh up. Her m other in law left the Hospital at about 3-00 PM as the Hospital rules allowed only one person to be with the patient and the new born baby. Hence, her mother stayed with her.
Since she was under Anesthesia effect, she was not having any sensation or pain but, felt numbness. After the reduction of the effect of the Anesthesia at about 4-00 PM, she felt prickly sensation below the ankle and felt that, it may be due to not changing the position from 1-00 PM onwards. She attempted to change the position but, experienced moderate pain in the region of her ankle while moving her legs. She complained the same to her mother regarding the discomfort in her legs especially in the ankle region and requested her to massage the legs assuming that the pain was due to surgery.
Surprisingly, her mother after removing the blanket which had covered her legs, found the two hot water bags below the ankle of the complainant and immediately was shocked and called the nurse and also informed her regarding the discomfort, the complainant was going on and asked her to remove the water bags. The nurse came at 4-10 PM and took out the hot water bag and left without paying any attention to the discomfort of the complainant. The said nurse did not see as to what has happened in the ankle region in spite of the mother of the complainant informing the said nurse. The complainant began to experience agonizing pain and felt sudden raise in her heart beat. Since the ambulatory ECG monitor attached to her finger began to show the raise in the heart beat, which is due to unbearable pain. When the complainant requested her mother to massage legs to get the pain reduced, while massaging the legs, her mother noticed formation of bubbles filled with liquid and pus like substance in the ankle region and also the bubbles were bursting and the water and pus like substance coming out of the bubbles. When the mother of the complainant lifted the leg of the complainant, she found severe burn injuries in the ankle of the complainant due to the excessive heat of the hot water bag. Her mother called the nurse immediately. She came at 5-00 PM checked the ankle region did not say anything and left the room without attending to the burns caused due to the negligence of the nurse of the Hospital in keeping the hot water bag.
At 5-15 PM her husband came to the ward and enquired the nurse regarding the burns and the said nurse professedly admitted her mistake and apologized for the burn injuries caused due to hot water bag and assured that the same would get healed within 3 days. On repeated request by the husband of the complainant, the nurse wrote prescription and asked the husband to bring ointment, bandages and tablets to treat the burns. At that time, due to the COVID situation, complainant husband was forced to rush from one pharmacy to another in search of the ointment which took about 45 minutes. During the said time, no attempts were made to medicate the pains by the Hospital authorities. Even the first aid treatment to the burns was also not provided.
It is contended that, the complainant could not enjoyed and experience the motherhood and the company of the baby as she was suffering unbearable pain due to the burn Injuries caused by keeping the hot water bag by the nurse of the Hospital. Even though the pain killers were administered, the pain did not subside and the same did not heal even after 3 days. The heart beat was even faster. The nurse informed that the matter was informed to the duty doctor whereas the said doctor did not take care to visit the complainant to check the burn injuries. Only on 25.03.2020, Dr. Bharati Rajanna visited the complainant during her rounds at 10-00 AM and saw the bandage around the ankle and she shouted at the nurse. Even then the said doctor did not look into the burn wound whereas Instructed to remove the bandage so that, it would heal faster. Even though the said doctor informed regarding the swelling and the sufferance, she did not heed to the same and informed that it is caused due to the caesarian. On 26.03.2020 Dr. Bharathi Rajanna advised the complainant to get discharge herself due to the COVID situation and advised her to take bath and that there would be no discomfort in her ankle region and she was discharged. Before discharge, she was given a hot water bath which caused immense discomforts and pain in her ankle and she was discharged at 5-20 PM on that day. She was applying the ointment prescribed for the burn injuries but, the swelling and discomfort did not get reduced.
On 01.04.2020, the complainant’s husband almost carried the complainant as she was not able to walk due to the non healing of the ankle injury. Dr. Bharati Rajanna informed that, the said wound would heal and asked her to continue the medication and prescribed an injection to be taken for about a week to get the swelling reduced. The said Injection Was to be administered to the alternate legs on every day and further had to take pain killers with other medication. She was unable to take bath due to excruciating pain, pus in the wound in the ankle. She was forced to take sponge bath for about 15 days and was not able to take care of the new born baby and she was unable to walk, stand, cook, bath or perform the day to day activities due to the ankle injuries, in spite of the week long continuous injection, medication. The swelling around the leg got reduced but the pain increased unbearably and even she was not able to lift her leg and walk on the ground. The same was informed to said Dr. Bharati Rajanna who advised the complainant to approach one Dr. Vijaya of Fortis Hospital.
When she went there on 10.04.12020 the said doctor was unavailable and one Dr, Murlidhar attended her and informed her that it is a grade 2-3 burn injury on both ankles and by keeping open the injury, fungal infection has occurred and also informed that the nurse who initially catered to her seem to have popped the bubbles and failed to remove the dead skin. Swab test was taken and the doctor informed that, it may take 6 months for healing and as the burn has occurred on the ankle movement area, walking would be difficult. Dr. Murlidhar could not remove the dead skin by cutting it out immediately. He has to use a blade to scrap the dead skin which caused immense pain and he also advised to follow up with a plastic surgeon for scar management and also directed her to continue visiting the Hospital in order to ensure decrease in the pain and discomfort which she followed.
It is further contended that, she approached OP and appraised the ordeal she had undergone in taking the treatment with FORTIS Hospital which was caused due to the negligence of the OP. After much discussion and altercation OP Was convinced and OP undertook to bear the expenses required to be spent for the treatment. As on 30.06.2020 a sum of Rs.21,479/- was incurred for treatment and the bills was submitted to the OP. OP also agreed to pay the entire expenses that the complainant would incur. Further her ankle wound got worsened and painful and the entire skin surrounding the lower ankle region began to grow thick and to breakdown causing bleeding and severe pain while standing and walking. There was ankle movement restriction due to the pain. She consulted Dr. Janararthan a plastic and reconstructive surgeon in Amrutha Institute of Medical Centre and Research Centre, Cochin. He informed that symptomatic keloid with skin contraction on both lower limb over the tendo achillis region due to severe burns and informed to undergo excision of keloid followed by flap cover surgery on a stage by stage basis on each leg. He further informed that, if the keloid is not treated in time, it would lead to continuous breakdown causing the ankle to get more stiff which would eventually lead to continued disability.
In view of the same, she underwent micro-vascular Alt flap surgery from the contra lateral thigh region(left) to posterior aspect of right ankle anatomized with posterior tibia artery under spinal and epidural anesthesia at Sangeetha Hospital, Mathancharry, Cochin. The surgery causing scarring in a hypertrophic manner with skin contraction and keloid formation. Before going undergoing procedure, she tried to contact OP to inform that the said surgery would cost Rs. 2 lakh for which there was no response from the OP. After completion of the surgery she was advised to take complete rest for about 50 days and also suggested steroid injection for left leg and after which a free Alt surgery should be performed.
Further on arrival at Bangalore complainant and her husband visited OP Hospital on 14.07.2021 wherein one Dr. Prakash reviewed the surgery on the right leg and breakages of scar on the left leg. He also suggested the same diagnosis and procedure as suggested by Sangeetha Hosptial. They also contacted one Rashmi and to meet the management of OPPOSITE PARTY and arrange all the past and future cost associated to the treatment. On 15.07.2021, they met Dr. Ajay Raghavendragowda, the Director of the Hospital who collected all the medical documents bills and receipts and assured that, he would respond to the request. It is contended that, all together she has incurred an expenses of Rs.2,47,288-67 towards the treatment of her ankle injury due to the burns caused by the nurse of the OP Hospital. Neither the Director Ajay Raghavednragowda nor the management contacted her and informed the decision regarding reimbursement of the expenses. On 20.07.2021, when they went to OP Hospital, the said Ajay Raghavenderagowda refused to meet them. Whereas vide e-mail communication dated 22.07.2021, OP offered Rs.50,000/- as a gesture towards meeting the expenses.
It is contended that, the burn injuries caused due to the negligence of the OP Hospital nursing staff by keeping the two hot water bags under the complainant’s ankle has caused permanent disability and she cannot live independently and has become disabled and she cannot walk or stand and further lost the pleasure of her baby who was just born. Due to the said incident, she had to visit Hospitals many a time and undergo treatment by taking the risk of life due to the COVID 2019 situation. Her restricted movement due to the injuries prevented her from spending quality time with her baby and also giving her love, affection and play with her. There is no end in sight in spite of surgical invention. She was advised to follow specific exercise to recover from the said problem which restricted her movements. She is suffering from severe backache and has put up weight of almost 80 KGs and she is unable to perform her household work and requires continuous assistance of a helper, her husband support and also mother in law support.
It is contended further that, she was employed as a sales representatives at Prime Food Stuff Trading, Kerala earning monthly income of Rs.25,000/-. Due to the burn injuries and as she cannot stand or walk for a long time, she had to quit her job and stay home to undergo treatment and surgeries. The negligent act of the OP and its staff has resulted immense physical, emotional, mental stress, financial loss to her and to her family members. She is suffering from chronic stress, physical and emotional exhaustion, irregular menstruation, insomnia, depression white patches around keloid region dizziness and self-esteemed issues. She was also advised to receive steroid treatment and Cryo therapy at People tree Hospital at Bangalore.
The attempt of the OP in offering Rs.50,000/- as a gesture for the negligent act by it is highly deplorable and mocks the nature of the burn injuries. The complainant has undergone the physical pain and mental torture. A legal notice was also issued to the OP demanding the compensation. In view of the negligence of the OP, complainant prayed the forum to allow the complaint and award compensation and medical expenses as prayed.
3. Upon the service of notice, OP appeared before the Form and filed the version contending that, the complaint is misconceived, false, frivolous and filed deliberately with malafide intention and liable to be dismissed in limine.
It is contended that, Dr. Bharati Rajanna is a senior consultant, working with the OP throughout the term of pregnancy of the complainant. Complainant delivered a female baby on 24.03.2020 through caesarian section at about 12-14 PM and was shifted to the ward at 1-00 PM from the operation theater. All the vitals were normal and all the Parameters were monitored after the surgery. Afterwards, she began experiencing chill and her mother and attender requsted for a hot water bag to keep her warm. Upon the request a single hot water bottle was provided to the complainant and the same was placed below the leg of the complainant. Afterwards the mother of the complainant in formed the nurse regarding the discomfort of the complainant and ankles were reddish. Silverex ointment was duly applied and afterwards complainant informed that there was no anymore discomfort. Due to COVID situation complainant was discharged on 26.03.2020 in a good healthy condition. She returned to Hospital to get removed the stitches/sutures. At that time, the husband of the complainant visited OP Hospital and informed that, she had been to Fortis Hospital for taking treatment to the burn injuries.
Out of the genuine concern, despite having no responsibility for the same, the management of the OP without prejudice, and as a goodwill gesture offered to bear the expenses of treatment towards the full and final settlement and paid a sum of Rs.21,479/- which the complainant received without any demur. This complaint is filed after 18 months without any explanation. The contents and reasons of the compliant are all false with malafide intention and motivated. OP at all times, adhered to standard medical protocol and procedure. There is no deficiency of service or negligence on its part. The contention or assertion contrary to the above has been denied and contended further that the complaint to prove strictly the allegations made against it.
The legal notice issued by the complainant has been properly replied. There is no liability of the OP in paying the compensation or reimbursement of the medical expenses as there is no negligence or deficiency in Service on its part or on the part of its staff. It has provided highest medical attention and care. Having received the amount of Rs. 21,479/- towards full and final settlement now the complainant estoped from claiming any compensation. As per the e-mail, the Director of the Hospital agreed to pay Rs.50,000/- to the complainant as a goodwill gesture. The tenor of the e-mail makes it clear that there is no liability on its part. The allegation that the complainant was working prior to admitting to the Hospital and earning income has to be proved strictly with cogent evidence. The very prayer of the complainant regarding reimbursement of the medical expenses and the claim of the compensation in all to the extent of Rs. 60 lakh clearly indicates the greed and avaricesness of the complainant in filing this complaint. Hence, contending that there is no cause of action for the complaint, prayed the Forum to dismiss the complaint by denying the allegations made in each and every para of the complainant.
4. In order to prove the case, both parties filed their affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-
1)Whether the complainant has proved deficiency in service on the part of the Opposite Party?
2) Whether the complainant is entitled to the relief prayed for in the complaint?
5. Our answers to the above points are:-
POINT NO.1 AND 2 :In the Affirmative
For the following.
REASONS
6. POINT No.1:-
Perused the complaint, version, affidavit evidence and the documents produced by respective parties. It is not in dispute that the complainant underwent caesarian operation in the OPPOSITE PARTY’s Hospital. Dr. Bharathi Rajanna performed the caesarian on 24.03.2020 and the complainant delivered a female baby at about 12-14 PM. It is the specific case of the complainant that, while performing caesarian operation, she was administered spinal Anastasia and she was under the influence of Anastasia when un-informingly to her as well as to her mother, mother in law and husband, the duty nurse kept two hot water bags below the ankle of her both legs and covered with blanket from the leg up to the neck. As she was having bouts of shivering. This fact has not been denied by OP whereas, in one of the para, it is stated that the mother of the complainant sought for hot water bottle and they provided not water bags.
7. It is to be considered here that the Hospital, the doctor and the paramedical staff i.e., nursing staff has to take utmost care of the patient. It cannot act on the advice or request of the patient or relatives of the patient, even though they request for certain requirements, facilities or demand. Even assuming for the movement that the mother of the complainant has sought for hot water bottle, the concerned nurse ought to have enquired as to what purpose she require the said hot water bottle. She ought to have consulted the doctor who performed the operation or the concerned duty doctor who was entrusted to look after the complainant regarding providing of the hot water bottle and to keep it below the ankle of both the legs of the complainant.
8. It is the specific case of the complainant that when the effect of pelvic Anastasia got reduced, she got itching sensation and irritation in the ankle region for which she requested her mother who was with her in the ward to look after the new born baby to look into it. Afterwards, it was found that, there were two hot water bags below her two ankle region, there were burning injuries in both the ankles and even when the same was brought to the notice of the nurse and also after wards to the doctor proper care was not taken and that is why the problem aggravated.
9. It is also in the evidence and the documents produced that, she visited OPs Hospital for treatment of the burn injuries and at the advice of Dr. Bharathi Rajanna she went to “Forties Hospital” to consult Dr.Vijaya and the said doctor was not available on that day. She consulted the available Doctor in the Fortis Hospital i.e., Dr. Muralidhara in the said Hospital who treated her and guided her for further treatment and also to consult the plastic Surgeon for scar management and also directed her to continue visiting the Hospital in order to ensure decrease in the pain and discomfort. It is also informed by the said doctor that the burn injuries is of second and third grade in both ankles and fungal infection has occurred and the nurse did not remove the dead skin at the earliest and it may take 6 months for healing and that since there is burn injury in the ankle movement area, walking would be difficult.
10. Further she consulted one Dr. Janarthanan a plastic and reconstructive surgeon in Amrutha Institute of Medical Centre and Research Centre. Cochin. Where the doctor informed that there is systematic keloid formed with skin contraction on both lower limbs over tendo achillis region due to severe burns and informed her to undergo excision of keloid followed by flap cover surgery stage by stage basis on each leg. The said doctor also informed that, if treatment for keloid is not taken, it would lead to continuous breakdown causing the ankle to get more stiff which would continue disability in the ankles. The same has not been challenged by the OP. The complainant has produced the various medical bills, prescriptions and bills for having purchased the medicines. The same has also not disputed by OP.
11. Further complainant has produced nearly 30 photographs to show from the day one when after noticing the burn injuries which was bandaged till the end when treatment for keloid was given and plastic surgery was done. The said photos are reproduced here for better appreciation of the facts and the plight of the complainant.
12. When the complainant has complained regarding the burn injuries to the nurse immediately after sensing, irritation and itching. It was the bounden duty of the nurse who kept the hot water bag to inform the doctor regarding the injuries and ought to have obtained necessary and required instruction to treat the same. As per the say of the complainant, even Bharathi Rajanna doctor who performed caesarian did not take it much seriously when she visited next day to examine the patient i.e., the complainant and just asked the duty doctor/nurse to remove the bandage, so that, the burn injuries would heal up fastly. No other treatment has been given by either by Dr. Bharathi Rajanna or by the Hospital which aggravated the burn injuries of the complainant which are almost of permanent disability in nature.
13. Further as per the documents produced, Ex.P-32 dated 21/22.07.2021, the Director of the Hospital Dr. Ajay Raghavendragowda agreed to pay Rs. 50,000/- as a goodwill gesture, when the complainant made demand for reimbursement of the Hospital expenses. This fact has been admitted by the OP in the version contending that, as per the e-mail they agreed to pay Rs. 50,000/- to the complainant with a goodwill gesture whereas the tenor of the e-mail is clear that there is no legal liability on its part by extending the said gesture. If at all there was no negligence or deficiency in service of imperfection in providing treatment to the complainant by OPs Hospital or by its doctor and supporting staff either the Hospital or the director of the Hospital or the management of the Hospital would not have venture to offer such a gesture of goodwill. This alone goes to show that, in order to cover their deficiencies, lacunas, negligence have come forward to pay such an amount to see that the matter do not come to public so that in case the same made public, their credibility and standing in the public would be at stake and would be a blow to their Hospital Doctors. Hence, we answer Point No.1 in the affirmative.
14. In view of the above, we have to assess the damage caused to the complainant on account of the negligent act on the part of OP in causing burn injuries to ankle of the complainant. It is not in dispute that the complainant after discharge from the OPs Hospital immediately after one or two days of the caesarian visited the said Hospital again for removal of the sutures and also at that time, complained regarding the pain and sufferings she was undergoing. It is also in the evidence and also in the complaint that, due to burn injuries Dr. Bharathi Rajanna advised to go to Fortis Hospital for consultation with Dr. Vijaya. The medical records produced and marked as Ex.P-1 to P-42 clearly shows what are all the examinations, tests, the complainant has undergone and what are all the treatment she was given. She has also produced the list along with the complaint to show to the Forum that she has incurred an expense of Rs,2,47,288-67/- to get the above treatment. Even she had been to Cochin to get the treatment with Amrutha Hospital and also at Sangeetha Hospital, Mathancherry, Cochin. The documents for having treatment in the said Hospitals is also produced and so also the photographs to show the keloid formation in the injured region of the ankle.
15. Further, in order to get our self-satisfied we directed the counsel for the complainant to keep present the complainant before the Forum to see exactly what is the health condition of the complainant in respect of as to whether she can stand on her own, whether she is able to walk freely and do her work on her own. It is very pathetic to know that, she was unable to walk on her own, stand and walk on her own. She required human support even to rise from the chair. She required human support for walking and standing which clearly shows that, she has become incapacitated for all her life and cannot move on her own, walk on her own, do work on her own. She required the support of other persons to do her own works. In our view, she has become a permanently disabled person.
16. She has stated that, she was working as a Sales representative of a food manufacturing industry as a sales woman earning a sum of Rs. 25,000/- per month before the incident and due to the injury, she suffered and became a disabled person, losing her livelihood, cannot stand on her own, doing household chores and her movements restricted and she cannot enjoy the company of her husband, relatives and cannot spend time and play with the new born baby. It is also averred in the complaint that, she has been put up with weight and almost weighing 80 kg due to the restrictive movements. It is also stated that, she is suffering from stress, physical and emotional exercitation, irregular menstruation, insomnia, depression, white patches around keloid region, dizziness and fall in self-esteem.
17. It is to be noted here that, complainant is of 28 years and she has a long way to go in life. In a younger age itself, she had to suffer all the above for no fault of her but, is due to the complete negligence on the part of OP.
18. At the same time, we have to observe here that, the complainant ought to have given more evidence of the doctor who has treated her and also regarding her disability to arrive at as to what compensation, the complainant is entitled to.
19. Left with no concrete evidence as to the degree or percentage of disability while considering the physical disability to the locomotors organ i.e., the legs of the complainant which is a vital part in once life, we deem it proper and reasonable to hold that, the degree and percentage of disability is about 80%. She has to live with the said disability throughout her life, for which, she deserves quite adequate amount of compensation as damages. In the absence of clear cut evidence regarding the percentage and degree of disability, we deem it proper to award a sum of Rs. 25 lakh as compensation for the sufferings the complainant undergone and further to undergo, besides ordering OP to pay the cost of the medical expenses of Rs.2,47,288/- and Rs. 50,000/- towards litigation expenses and other expenses.
20. While awarding the above compensation, medical expenses and litigation expenses, we have in our mind, the coordinal principals of granting compensation that, it should not be a lottery or a bonanza or a windfall to the complainant whereas it should be adequate, just, proper and reasonable to the sufferings of the complainant. Hence, we answer Point No.2 in partly affirmative and pass the following:
ORDER
- Complaint is allowed in part with cost.
- OP is directed to pay Rs.25 lakhs as compensation towards damages along with interest at 10% on the above from the date of causing burn injuries i.e., from 24.03.2020 till payment of the entire amount and further sum of Rs.2,47,288/- towards the medical expenses along with interest at 10% on the above from the date of complaint till payment of the entire amount and further a sum of Rs.50,000/- towards litigation expenses, incidental expenses and legal professional fee within 3 months.
- Send a copy of this order to both parties free of cost.
Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.
(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Commission on this 19th DAY OF SEPTEMBER 2022)
MEMBER MEMBER PRESIDENT
ANNEXURES
- Witness examined on behalf of the Complainant/s by way of affidavit:
CW-1 | Mrs.Krishma K.K – PW-1 |
CW-2 | Mr.Rakesh V.R – PW-2 |
CW-3 | Mrs.Vijayalakshmi D.S – PW-3 |
Copies of Documents produced on behalf of Complainant/s:
Ex.P1: | Original Prescription dated 24.03.2020 & 25.03.2020 |
Ex.P2: | Original bill dated 25.03.2020 |
Ex.P3: | Original Photographs |
Ex.P4: | Original discharge summary dated 26.03.2020 |
Ex.P5: | Original inpatient bill dated 26.03.2020 |
Ex.P6: | Original receipts dated 26.03.2020 |
Ex.P7: | Original prescription |
Ex.P8: | Original receipts (2 in Nos.) |
Ex.P9: | Original summary medical certificate |
Ex.P10: | Original prescription dated 10.04.2020 |
Ex.P11: | Original Medicine bill |
Ex.P12: | Original outpatient bill |
Ex.P13: | Original laboratory bill |
Ex.P14: | Original photographs |
Ex.P15: | Original outpatient bill by Fortis Hospital |
E.P16: | Original summaries by Dr. Vijaya |
Ex.P17: | Original prescription dated 04.06.2020 |
Ex.P18: | Original outpatient bill |
Ex.P19: | Original test reports |
Ex.P20: | Original medical certificate dated 31.03.2021 |
Ex.P21: | Original outpatient bills |
Ex.P22: | Original photographs |
Ex.P23: | Original service bills |
Ex.P24: | Original pharmacy bills |
Ex.P25: | Original prescription |
Ex.P26: | Original test report |
Ex.P27: | Original discharge summary |
Ex.P28: | Original photographs |
Ex.P29: | Original inpatient bill |
Ex.P30: | Original receipts |
Ex.P31: | Original pharmacy bills |
Ex.P32: | E-mail conversation |
Ex.P33: | Original receipt photographs |
Ex.P34: | Original photographs |
Ex.P35: | Original general outpatient case sheet |
Ex.P36: | Original receipts |
Ex.P37: | Copy of legal notice |
Ex.P38: | Original photographs |
Ex.P39: | Original general outpatient case sheets |
Ex.P40: | Reply to the notice |
Ex.P41: | Pen-drive |
Ex.P42: | Certificate u/Sec.65B of the Indian Evidence Act |
2. Witness examined on behalf of the Opposite party/s by way of affidavit:
RW-1 | Dr. Ajay Raghavendra Gowda – RW-1 |
Copies of Documents produced on behalf of Opposite Party/s
Ex.R1: | Case Sheet of complainant |
MEMBER PRESIDENT
RHR*