BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION ATHYDERABAD.

F.A.No.1085/2009 against C.C.No.5/2000, District Forum,WARANGAL.

Between:

1. M/s.Pallavi Hospital

2. Dr.P.Dashratham S/o.P.Ramalingam

H.No.16-10-1367, Shivanagar,

Under bridge Road,Warangal.                                                                                                                                  

1. Smt.Medishetti Sunanda W/o.late M.Shiva

2. Medishetti Srinivas S/o.late M.Shiva Prasad

3. Medishetti Nagendra Prasad, S/o.late M.Shiva

4. Medishetti Bruhaspathi S/o.late M.Shiva Prasad,

All R/o.H.No.26-3-798/1, Ekashilanagar,Warangal.                                                                                             5. Dr.Naga Munnaiah, age 36 years, Occ:Doctor,

    Warangal.                                                                                                                                        

(Opp.party No.3/R5 not necessary party).

Counsel for the Appellants: Mr.V.Sankara Rao.

Counsel for the Respondents: Respondents 1 to 4 served by paper  

QUORUM:  THE HON’BLE SRI JUSTICE D.APPA RAO, PRESIDENT

AND

SMT.M.SHREESHA,.

WEDNESDAY, THE ELEVENTH DAY OF MAY,

TWO THOUSAND ELEVEN

  ***    

Aggrieved by the order in C.D.No.05/2000 on the file of District Forum,Warangal, opposite parties

The case of the complainants in brief is that        

Opposite parties 1 and 2 filed their written version stating that the Forum has no jurisdiction to entertain the complaint. Opposite parties submitted that unless medical expert’s opinion is taken, the dispute involved in the complaint cannot be resolved and that complicated issues are involved in this case which cannot be resolved summarily and therefore the complainants have to approach civil court.  impossible to come to a conclusion whether the death of the deceased is due to negligence or otherwise.     

Based on the evidence adduced i.e. Exs.A1 and A10 and the pleadings put forward, the District Forum allowed the complaint in part directing the opposite parties jointly and severally to pay Rs.1,00,000/- together with interest at 7.5% p.a. from the date of complaint till the date of deposit together with costs of Rs.500/-.

Aggrieved by the said order, the opposite parties preferred this appeal.

           The learned counsel for the appellant filed written arguments. 

It is the complainants’ case that the patient late M.Shiva Prasad, who is the first complainant’s husband and the father of second, third and fourth complainants was admitted in opposite party No.1 hospital on 02-5-1999 with complaint of chest pain.   

                        Apex Court in     

                                       PRESIDENT.

Sd/-MEMBER.

JM