Decided on March 12,2020

P R JAYASREE Respondents


S. M. Kantikar, J. - (1.) The instant first appeal filed by M/s. Ernakulam Medical Centre and its director challenges the quantum of compensation granted by the Kerala State Commission for the alleged negligence and deficiency in service from the hospital who issued wrong dead body of one patient to some other claimant.
(2.) The order dated 05.10.2016 passed by the Kerala State Commission which allowed the complaint 21/2011 and awarded Rs. 25 Lakhs with 12 % interest from the date of complaint till realization together with cost of Rs. 10,000/-.
(3.) Brief facts: R. Purushothaman (since deceased) (hereinafter referred to as "the patient"), father of both the complainants died on 30.12.2009 evening during treatment in M/s. Ernakulam Medical Centre Hospital, Ernakulam (for short 'the hospital') -O.P. No. 1. His dead body was kept in the refrigerated box in the mortuary of the hospital. On the very next date, dead body of one Lt. Col. A.P. Kanthi about 88 years was also kept in the mortuary in the refrigerated box. On the 01.01.2010, Mr. Jayasankar, the grandson of the patient, late Mr. R. Purushothaman along with his father Justice P.S. Gopinathan approached the O.P.No.1 hospital in early morning for release of dead body of R. Purushothaman. It came as a surprise to them that the dead body was to be released was not of late R. Purushothaman, but it was of Lt. Col. A.P. Kanthi. Immediately, after knowing the fact, it came to light that Mr. V. K. Pramesh, the public relations officers (PRO) of the O.P. No. 1 Medical Centre has already released one body to the immediate relatives of Lt. Col. A.P. Kanthi and it was cremated with the religious rites. Therefore, the relatives of late Lt. Col. A.P. Kanthi were interrogated, who after initial reluctance, admitted their mistake and sought apology to Justice P.S. Gopinathan and thereafter handed over to them the ashes of late Mr. R. Purushothaman. The dead body of Lt. Col. A.P. Kanthi was released to their concerned relatives. It was alleged that such callous attitude of the O.P.s in wrongly releasing the dead body of the father of the complainants deprived their right to decent cremation / burial of their deceased father. It caused severe mental agony also. Being aggrevied by the deficiency in service on the part of the hospital, the two younger daughters of deceased R. Purushothaman filed a complaint no.22/2011 before the Kerala State Commission and claimed compensation from O.P.s for Rs. 1 crore with 18 % interest from the date of filing of the complaint.;

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