- (1.) THIS complaint under Section 17 read with Section 12 of the Consumer Protection Act, 1986 , has been filed by the complainant and claiming total compensation of Rs. 5,81,614/ - as detailed in para 6 of the complaint.
(2.) THE averments in the complaint in para 6 are that Smt Narmada Gupta was the wife of the respondent No. 1, and mother of the respondent No. 2. She was suffering from unbearable pain in her legs, therefore, she consulted opposite party No. 1 Dr. S.K. Jiwanmal at his dispensary at Bhatapara. The diagnosis of Dr. Jeevan made was acute numbness of right leg and foot due to disc -moldincs. Accordingly he advised as per his letter in Annexure -C 1 dated 1.6.2002 that the patient be shown to Orthopaedics department in the Modern Medical Institute, Raipur. It is further averred in the complaint that in view of the said advice, Smt. Narmada Gupta was brought to Modern Medical Institute at Raipur. She was examined by opposite party Nos. 2 and 3 namely Dr. S. Yadu and Dr. K. Jha who advised C.T. Lumboscral Spine (L 3 to S 1) and MRI Dorsolumbar Spine (D10 to S -1). Accordingly MRI and C.T. Scan was done on the patient at MRI Diagonistic Institute, Raipur. The report thereof is as per Annexures C -3 and C -4. Diagonised impression as given in the said report Annexure C -3 was Posterior bulgings of L 3 -L4, L4 -L5 and L5 -S1 disks causing mild Thecal Sac Compressions). Similarly the impression given in report Annexure C -4 was : and Coloses of Lumbar spine and posterior bulging of L -2 to L -5 causing mild thorasic sac compressions. It is further averred in the complaint that discharge certificate Annexure C -2 was obtained from Modern Medical Institute and patient Smt. Narmada Gupta was taken to Nagpur and admitted at Sushrut Hospital, Research Centre and Post -graduate Institute of Orthopaedics, Nagpur.
(3.) FURTHER averments in the complaint do not relate to opposite parties and are regarding the details of the diagnosis, treatment, etc. at the said institute at Nagpur and the treatment of Smt. Narmada Gupta at AIIMS, Delhi, Batra Hospital and Medical Centre, Delhi, Kalda Cosmetic Surgery Institute and Burn Centre at Raipur and lastly at J.L.N. Hospital at Bhilai. It is further stated that despite treatment the deceased Smt. Narmada Gupta died on 27.7.2002 at J.L.N. Hospital, Bhilai. It was also averred in the complaint that Smt. Narmada Gupta died on account of improper diagnosis and treatment by opposite parties namely Dr. S.K. Jeevanmal, Dr. S. Yadu and Dr. K. Jha. It was averred that they are jointly and severally responsible for the negligent and wrongful treatment in not diagnosing the cardiac problem of the deceased. It was also averred that they considered the case as that of Orthopaedics case instead of cardiac case. A compensation of different heads regarding expenditure of treatment, loss of business, mental agony etc. was claimed as detailed in Para 6 of the complaint.;