SHYAMA HOSPITAL AND RESEARCH CENTRE Vs. RAM KUMAR GUPTA

JUDGEMENT

(1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter called the 'Act') against the judgment and order dated 29.12.2005 passed by the District Consumer Forum, Kanpur Nagar in Complaint Case No. 1126/1994.

(2.) THE case was taken up in the revised list. There is no one from the appellant's side whereas the respondent is represented by Mr. R.K. Gupta, Advocate, learned Counsel for the respondent/complainant and perused the record.

(3.) THE judgment in question was assailed on the ground that the judgment was passed arbitrarily and without taking into consideration the various affidavits filed by the experts like Mr. Rakesh Vishwakarma, the Director of the Shyam Hospital and Research Centre, Dr. V.V. Srivastava, Dr. Vivek Mishra, General Surgeon with high qualifications, Dr. A.N. Saraswat, M.B.B.S., M.S. (Ortho Surgeon). It was also averred that the nature of injury sustained because of the fall and electrocution was such in which in spite of best attempts, amputation could not have been avoided. All the best possible steps in the circumstances were taken particularly when curfew was clamped in the city on 17.12.1992 because of the riot and violence in the city.