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2005 DIGILAW 1782 (SC)

Mool Chand K. R. Hospital and Arthritis Research Centre v. Bhajan Lal Gupta

2005-11-08

A.K.MATHUR, B.N.AGRAWAL

body2005
ORDER : B.N. Agrawal, A.K. Mathur, JJ. Heard learned counsel for the parties. The present appeal has been filed by the Hospital against order rendered by the National Consumer Disputes Redressal Commission [for short, ‘the National Forum'] in original petition filed before it on behalf of the respondents whereby a compensation of Rs. two lacs has been awarded in favour of the complainants. 2. The complainants filed a complaint before the National Forum alleging therein that Vijay Kumar was admitted in the hospital in question and he died in the absence of proper care and treatment given to him, which has been denied by the hospital administration. The National Forum observed that ‘No one can with certainty say if intubation in time would have saved the patient or atleast prolonged his life until he could be taken to any other Hospital where Plasma pherasis facility was available' and on the basis of surmises and conjectures came to the conclusion that the hospital administration was negligent in not providing proper oxygen facility to the patient, as a result of which he died. Consequently, a sum of Rs. two lacs has been awarded as compensation. 3. We have been taken by the learned counsel appearing on behalf of the respondents to the evidence adduced on their behalf. Learned counsel could not point out even a single piece of evidence to show that there was any negligence on the part of the hospital administration as such we have no option but to hold that the National Forum was not justified in awarding compensation against the appellants. Accordingly, the appeal is allowed, impugned order is set aside and the complaint filed by the respondents before the National Forum is dismissed. No costs. Let the sum of Rs. two lacs deposited by the appellant, pursuant to the order of this Court, together with the interest accrued thereon be refunded to them. Appeal allowed.