- (1.) The present appeals arise out of an order dated 13.05.2005, passed by the National Consumer Disputes Redressal Commission (hereinafter referred to as the "Commission") in Original Petition No. 103 of 1997. Appeals before this Court have been filed by the complainant as well as the Apollo Hospital, urging various legal contentions.
(2.) Since the facts in both the appeals are identical, for the sake of convenience we refer to the facts in the appeal filed by the complainant, being Civil Appeal No. 3625 of 2005.
(3.) The complainant is the wife of the deceased-Mr. Gaunekar, who underwent angioplasty treatment in the Apollo Hospitals Ltd., Chennai. Angioplasty procedure was conducted on 14.05.1996. The deceased died shortly thereafter of a heart attack on 18.05.1996. The complainant-wife preferred a claim petition before the Commission alleging that the death of her husband was on account of the medical negligence on the part of the hospital and its doctors and due to deficiency of service. Thus, she is entitled to compensation for a sum of L 70 lakhs. The Commission heard the complainant-wife and the respondent Hospital, recorded evidence adduced by both the parties and examined the correctness of the claim made by the complainant-wife. The Commission also examined RW.1-Dr. Mathews Samuel Kalarickal, the doctor who performed the surgery.;