Madhya Pradesh

StateCommission

A/08/616

KU. RADHA DIGARSE - Complainant(s)

Versus

BRIJNATH AHIRWAR AND OHTER'S - Opp.Party(s)

MS. BHAVNA YADAV

18 Sep 2024

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL

PLOT NO.76, ARERA HILLS, BHOPAL

                              

                                FIRST APPEAL NO. 616 OF 2008

(Arising out of order dated 21.01.2008 passed in C.C.No.52/2007 by the District Commission, Hoshangabad)

 

KU. RADHA DIGARSE,

R/O RAM NAGAR, NEAR SANTOSHI MATA,

HOUSE OF HARILAL DESHMUKH,

MEHRAGAON, NEW YARD,

ITARSI DISTRICT-HOSHANGABAD (M.P.)                                                        …          APPELLANT.

 

              Versus                

1. LATE BAIJNATH AHIRWAR,

2. LATE SMT. MAYABAI AHIRWAR

THROUGH LRS.

(i) AJAY AHIRWAR,

    S/O LATE SHRI BAIJNATH AHIRWAR,

    R/O NEW YARD, MEHRAGAON,

    ITARSI DISTRICT-HOSHANGABAD (M.P.)

 

(ii) SMT. SARITA CHOUDHARY.

    W/O SHRI MAHESH CHOUDHARY,

    R/O WARD NO. 03, NEAR CHHOTI MASJID,

    ARUNA GANJ, PACHMARI, DISTRICT-HOSHANGABAD (M.P.)

 

(iii) SMT. MAMTA DILARE,

    W/O SHRI BRIJESH DILARE,

    R/O 194, NAYA BASERA, KOTRA SULTANABAD,

    BHOPAL (M.P.)

 

3. DR. PRAMOD KUMAR,

    R/O RAM NAGAR, NEAR SANTOSHI MATA,

    HOUSE OF HARILAL DESHMUKH,

    MEHRAGAON, NEW YARD,

    ITARSI DISTRICT-HOSHANGABAD (M.P.)  

 

4. THE GENERAL MANAGER (C.M.D.)

    WEST CENTRAL RAILWAY, DIVISION BHOPAL,

    ZONE-JABALPUR (M.P.)

 

5. THE DIVISIONAL RAILWAY MANAGER,

     (C.M.S.) WEST CENTRAL RAILWAY,

    HABIBGANJ, BHOPAL (M.P.)                                                                      …         RESPONDENTS.                                     

 

FIRST APPEAL NO. 662 OF 2008

(Arising out of order dated 21.01.2008 passed in C.C.No.52/2007 by the District Commission, Hoshangabad)

 

1. LATE BAIJNATH AHIRWAR,

2. LATE SMT. MAYABAI AHIRWAR

THROUGH LRS.

(i) AJAY AHIRWAR,

    S/O LATE SHRI BAIJNATH AHIRWAR,

    R/O NEW YARD, MEHRAGAON,

    ITARSI DISTRICT-HOSHANGABAD (M.P.)

 

 

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(ii) SMT. SARITA CHOUDHARY.

    W/O SHRI MAHESH CHOUDHARY,

    R/O WARD NO. 03, NEAR CHHOTI MASJID,

    ARUNA GANJ, PACHMARI, DISTRICT-HOSHANGABAD (M.P.)

 

(iii) SMT. MAMTA DILARE,

    W/O SHRI BRIJESH DILARE,

    R/O 194, NAYA BASERA, KOTRA SULTANABAD,

    BHOPAL (M.P.)                                                                                                   …          APPELLANTS.

 

                        Versus                

1. DR. PRAMOD KUMAR,

    R/O RAM NAGAR, NEAR SANTOSHI MATA,

    HOUSE OF HARILAL DESHMUKH,

    MEHRAGAON, NEW YARD,

    ITARSI DISTRICT-HOSHANGABAD (M.P.)  

 

2. KU. RADHA DIGARSE,

    R/O RAM NAGAR, NEAR SANTOSHI MATA,

    HOUSE OF HARILAL DESHMUKH,

    MEHRAGAON, NEW YARD,

    ITARSI DISTRICT-HOSHANGABAD (M.P.)

 

3. THE GENERAL MANAGER (C.M.D.)

    WEST CENTRAL RAILWAY, DIVISION BHOPAL,

    ZONE-JABALPUR (M.P.)

 

4. THE DIVISIONAL RAILWAY MANAGER,

     (C.M.S.) WEST CENTRAL RAILWAY,

    HABIBGANJ, BHOPAL (M.P.)                                                                      …         RESPONDENTS.

 

FIRST APPEAL NO. 769 OF 2008

(Arising out of order dated 21.01.2008 passed in C.C.No.52/2007 by the District Commission, Hoshangabad)

 

DR. PRAMOD KUMAR,

R/O RAM NAGAR, NEAR SANTOSHI MATA,

HOUSE OF HARILAL DESHMUKH,

MEHRAGAON, NEW YARD,

ITARSI DISTRICT-HOSHANGABAD (M.P.)                                                        …          APPELLANT.

 

              Versus                

1. LATE BAIJNATH AHIRWAR,

2. LATE SMT. MAYABAI AHIRWAR

THROUGH LRS.

(i) AJAY AHIRWAR,

    S/O LATE SHRI BAIJNATH AHIRWAR,

    R/O NEW YARD, MEHRAGAON,

    ITARSI DISTRICT-HOSHANGABAD (M.P.)

 

(ii) SMT. SARITA CHOUDHARY.

    W/O SHRI MAHESH CHOUDHARY,

    R/O WARD NO. 03, NEAR CHHOTI MASJID,

    ARUNA GANJ, PACHMARI, DISTRICT-HOSHANGABAD (M.P.)

 

(iii) SMT. MAMTA DILARE,

    W/O SHRI BRIJESH DILARE,

    R/O 194, NAYA BASERA, KOTRA SULTANABAD,

    BHOPAL (M.P.)

 

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3. KU. RADHA DIGARSE,

    R/O RAM NAGAR, NEAR SANTOSHI MATA,

    HOUSE OF HARILAL DESHMUKH,

    MEHRAGAON, NEW YARD,

    ITARSI DISTRICT-HOSHANGABAD (M.P.)

 

4. THE GENERAL MANAGER (C.M.D.)

    WEST CENTRAL RAILWAY, DIVISION BHOPAL,

    ZONE-JABALPUR (M.P.)

 

5. THE DIVISIONAL RAILWAY MANAGER,

     (C.M.S.) WEST CENTRAL RAILWAY,

    HABIBGANJ, BHOPAL (M.P.)                                                                      …         RESPONDENTS.

 

 

BEFORE:

 

                   HON’BLE SHRI A. K. TIWARI                       :   ACTING PRESIDENT

                  HON’BLE DR. (MRS) MONIKA MALIK         :   MEMBER                        

                     

COUNSEL FOR PARTIES :

                        Shri Yash Vidyarthi, learned counsel for the complainants Ajay Ahirwar & Ors. 

                Shri Nitin Jain & Shri Vishnu Tiwari, learned counsel for the opposite party no.1 Dr. Pramod Kumar.

                Shri Deepesh Joshi, learned counsel for the opposite party no.2 Radha Digarse.

                None for the opposite party no.4 and 5-Railways.

                                        

                                                  O R D E R

                                       (Passed on  18.09.2024)

                   The following order of the Commission was delivered by Dr. Monika Malik, Member:          

                    All the aforesaid appeals arise out of the order dated 21.01.2008 passed by the District Consumer Disputes Redressal Commission, Hoshangabad (for short ‘District Commission’) in C.C.No.52/2007, whereby the District Commission allowed the complaint filed by the complainants (hereinafter referred to as ‘complainants’), therefore they are taken up together and are being disposed of by this common order.

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2.                For convenience facts are taken from First Appeal No. 616/2008 unless otherwise stated.

3.                Facts of the case in short are that the Late Baijnath Ahirwar was working as a Technician in Loco Shed electricity department of Railways and Late Smt. Mayabai the complainant no.2 was his wife. It is alleged by them that due to medical negligence in Railway Hospital, Itarsi their son Late Vijay Kumar aged 19 years died on 22.07.2006. The complainants therefore alleging deficiency in service on part of opposite parties filed a complaint before the District Commission seeking relief of Rs.8,00,000/- with interest @ 12% p.a. compensation and costs.

4.                The District Commission allowed the complaint and directed the opposite party no.1 Dr. Pramod Kumar and the opposite party no.2 Radha Digarse (Staff nurse) to pay compensation of Rs.1,00,000/- to the complainants along with compensation of Rs.5,000/- towards harrassment caused. Costs of Rs.1,000/- is also awarded. It is further directed that out of aforesaid amount 75% amount was to be paid by the opposite party no.1-Doctor and remaining 25% was to be paid by the opposite party no.2-Nurse. It is against this order the complainants, the opposite party no.1-doctor and the opposite party no.2-nurse have filed the aforesaid appeals.

 

 

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5.                Heard learned counsel for the parties on an application under Order 1 Rule 10 of CPC filed on behalf of complainants who are the appellants in First Appeal No. 662/2008.

6.                Learned counsel for the complainants submits that the opposite parties Railways was made opposite party to the complaint through General Manager and Divisional Railway Manager whereas it ought to have been made Union of India through General Manager. Similarly on behalf of Railways Chief Medical Officer, Western Central Railway has filed reply to the complaint, therefore, the Chief Medical Officer Western Central Railway is also a necessary party.  He therefore prayed for impleading Union of India through General Manager and Chief Medical Officer, Western Central Railway as a party to the complaint.

7.                Learned counsel for the opposite parties did not oppose the prayer as made, but argued that the newly added parties deserve an opportunity to file reply and contest the case on merits.

8.                In the interest of justice, we deem it appropriate that for proper adjudication of the matter, all the parties should be given equal opportunity to contest the matter and the complaint ought to be decided on merits after impleading the proposed opposite parties as opposite parties to the case. Accordingly, the application is allowed.

 

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9.                In view of the aforesaid, we are of a considered opinion that the case deserves to be remanded to the District Commission for decision afresh.

10.              Accordingly, the impugned order is set-aside and the case is remanded to the District Commission for deciding it afresh in accordance with law.

11.              Record of the case be sent to the District Commission at the earliest.

12.              The complainants are directed to implead Union of India through General Manager and Chief Medical Officer, Western Central Railways as opposite parties to the case and supply copy of complaint to the counsel appearing on their behalf. The newly added parties shall file reply to the complaint within stipulated time period.

13.              Parties are directed to appear before the District Commission on 29.10.2024.

14.              The District Commission is directed to proceed further in the matter, in accordance with law. 

15.              All the contentions of the parties are kept open and accordingly parties be afforded opportunity to contest their respective claims.

16.              Needless to mention that observations made hereinabove shall not come in way of the District Commission, while passing the order.

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17.              It is expected from the District Commission to decide the case as expeditiously as possible.

18.              With the aforesaid observations and directions, the appeals are disposed of. However, there is no order as to costs.

19.              This order be retained in First Appeal No.616/2008 and a copy be placed in First Appeal Nos. 662 and 769 of 2008.

 

              (A. K. Tiwari)                          (Dr. Monika Malik)

            Acting President                                Member