- (1.) HEARD learned counsel for the parties. The present appeal has been filed by the Hospital against the order rendered by the National Consumer Disputes Redressal Commission (for short "the National Commission") in the original petition filed before it on behalf of the respondents whereby a compensation of rupees two lakhs has been awarded in favour of the complainants.
(2.) THE complainants filed a complaint before the National Commission 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 Commission observed that "no one can with certainty say if intubation in time would have saved the patient or at least prolonged his life until he could be taken to any other hospital where plasmapheresis 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 rupees two lakhs has been awarded as compensation. We have been taken by the learned counsel appearing on behalf of the respondents to the evidence adduced on their behalf. The 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 and as such we have no option but to hold that the National Commission was not justified in awarding compensation against the appellants.
(3.) ACCORDINGLY , the Appeal is Allowed, the impugned order is set aside and the complaint filed by the respondents before the National Commission is dismissed. No costs. Let the sum of rupees two lakhs be deposited by the appellants pursuant to the order of this Court, together with the interest accrued thereon be refunded to them.;