NEW INDIA ASSURANCE CO. LTD. Vs. PALAGIRI KUMARI
LAWS(NCD)-2020-1-89
NCDRC
Decided on January 23,2020

NEW INDIA ASSURANCE CO. LTD. Appellant
VERSUS
Palagiri Kumari Respondents

JUDGEMENT

S.M.KANTIKAR,J. - (1.) The instant appeal is filed by the insurance co. - appellant against the Order dated 16.12.2008 passed by the Andhra Pradesh State Commission, which allowed the complaint and held the Opposite Parties Nos. 1, 2, 4 and 5 ( hospital and doctors) liable for medical negligence. The Opposite Party No. 6 being the insurance co. was directed to pay the awarded amount since it had undertaken to indemnify the Opposite Party No. 1.
(2.) For convenience, the parties are referred as presented before the State Commission. M/s. Yashoda Superspeciality Hospital is Opposite Party No.1 and the treating doctors are Opposite Parties Nos.2 to 5 namely Dr. P. Ranganadham is a Neuro Surgeon, Dr. T. Dasaradha Rama Reddy is a surgeon, Dr. Dh. Krishnam Raju and Dr. M. Venkateswara Rao are the physicians.
(3.) Brief facts are that on 20.02.2002, Mr. Eswhar Reddy, a contractor (herein referred as 'the patient') was assaulted by dacoits and sustained head injury. After some first aid he was taken to Yashoda Super Speciality Hospital (the Opposite Party No. 1) on the next day i.e. 21.02.2002. It was diagnosed as a case of Extradural Hematoma (EDH). On the same day, Temporal Craniotomy Evacuation surgery was performed by Opposite Parties No. 2 to 5. It was alleged that the surgery was performed without consent of the patient. Complainants further alleged that due to negligence during post-operative period, the patient developed Pneumonitis infection and died on 11.03.2002 due to septicaemia. Being aggrieved, the complainant Paligiri Kumari (wife of the deceased) along with her daughter Shilpa and son Siva Kumar filed a complaint before the State Commission, Hyderabad alleging medical negligence against the Opposite Parties Nos. 1 to 5. The two insurance cos. were also impleaded as Opposite Parties Nos. 6 and 7.;


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