Per Mr.P.N.Kashalkar, Hon’ble Presiding Judicial Member This is an appeal filed by the original complainants whose complaint has been partly allowed by the District Consumer Disputes Redressal Forum. In its judgement and award, respondent Government authorities have been directed to pay sum of `1,50,000/- with interest @ 6% p.a. to the complainants from the date of filing of complaint till actual realization of the amount and they have been also further directed to pay sum of `5000/- as cost of the proceeding. However, O.Ps have been given opportunity to deduct amount of `50,000/- given to the complainant earlier by way of compensation. Not satisfied with the quantum of compensation awarded, original complainants have filed this appeal. Facts to the extent material may be stated as under:- Complainants filed consumer complaint on account of medical negligence on the part of doctor. According to complainants, they are legal heirs of deceased Surekha, who has lost her life while undergoing sterilization operation by Government Rural hospital managed by Zilha Parishad. Grievance of the complainant was that on 10/6/2002 deceased Surekha was operated at the hands of Dr.Kamble for sterilization operation. They pleaded that at the time of operation, due to injury to mesenteric vessels and due to non presence of trained Anesthesiologist and facilities for laparotomy and due to non availability of post operative care, Surekha died. Complainants therefore reported matter to Chairman, Assistant Director of Health Service, Kolhapur circle requesting him to enquire into the exact or probable cause of death of deceased Surekha. Quality Assurance Committee of Kolhapur region examined the cause into the death of deceased Surekha while undergoing sterilization operation and found that her death was due to intraperitenoneal bleeding due to injury to mesenteric vessels. Since the Committee was of the opinion that the cause of death was related to the sterilization operation, the committee recommended payment of the full amount of ex-gratia financial assistance of `50,000/- to the legal heirs of the deceased and same was paid by the Government accordingly. However, thereafter complainants filed consumer complaint and claimed compensation of more than `7 lakhs under various heads. O.P. filed written statement and admitted performance of sterilization operation on deceased Surekha but denied the allegations made in the complaint. According to O.P., doctor was having proper qualification and he was well experienced in the field. It was further pleaded that he performed the said operation with utmost care. Doctor had performed his duty of giving standard medical treatment to the patient and had followed usual protocols and there was no medical negligence on his part. They pleaded that if doctors are held guilty of medical negligence then no one will come forward to do practice in the said field, which will ultimately cause loss to public at large. O.P. therefore pleaded that complaint filed by the complainants should be dismissed since it is false and it is filed with the intention to harass the opposite party and to grab the compensation amount. District Consumer Disputes Redressal Forum on considering affidavits and documents and on examining various judgements was of the view that in the instant case doctor failed to take due and proper care after there was injury to mesenteric vessels and thereby intraperitenoneal bleeding due to cutting of mesenteric vessel occurred. Bleeding was not stopped on war footing by the doctor. There was non availability of proper facilities in the said hospital as has been opined by Assistant Director of Health Services, Kolhapur Circle. Forum below also relied upon the fact that an amount of `50,000/- as ex-gratia payment was paid to the complainants since there was death during sterilization operation. Forum below was of the view that since deceased died due to ‘Haemorrhagic shock due to intraperitenoneal bleeding due to injury to mesenteric vessels”, therefore, complainants were entitled to claim compensation against doctor. Therefore, it allowed the complaint partly and directed O.Ps individually and collectively to pay sum of `1,50,000/- with 6% interest by way of compensation to the complainant and also awarded cost of `5000/- but directed that O.P. is at liberty to deduct an amount of `50,000/- given to the complainant earlier by way of compensation. Aggrieved by the inadequate compensation awarded, the complainants have filed this appeal. We heard submissions of Mr.Rahul Motkari-Advocate for the appellants. L/o.Mr.Tushar Pimpale-Advocate for respondent nos.2&4. We are finding that the compensation awarded by the forum below is appearing to be just and proper. Only thing we want to do is to delete clause (d) from the operative part of order of the judgement delivered by District Consumer Disputes Redressal Forum. Amount of `50,000/- was paid by the Government by way of ex-gratia payment as per their declared policy. Since Government found that there was death of woman, who had undergone sterilization operation in terms of Government policy, amount of `50,000/- was paid as ex-gratia payment to the appellants herein. Forum below directed by its award to pay sum of `1,50,000/- as compensation with 6% interest from the date of filing of the complainant till actual realization of the said amount. In our view amount of `50,000/- received by the complainants from the Government as ex-gratia cannot be allowed to be deducted in this fashion. So we are inclined to delete clause (d) of the operative part of the order of the forum below while confirming rest of the order passed by the District Consumer Disputes Redressal Forum. To this extent only we are inclined to allow the appeal partly. Hence the following order:- ORDER Appeal is partly allowed. While confirming impugned order passed by the District Consumer Disputes Redressal Forum, we are simply deleting in toto clause (d) of the operative order from the judgement of the forum below. There shall be no order as to costs. Copies of the order be sent to both the parties. | 
