BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT PUDUCHERRY
THURSDAY, the 17th day of March, 2016
CONSUMER COMPLAINT NO.4/2009
S.Nagarajan, S/o Subramanian,
No.243, 6th Cross Street,
Manicka Chettiar Nagar,
Shanmugapuram, Puducherry – 9. …….. Complainant
Vs.
1. M/s Mahatma Gandhi Medical College &
Research Institute,
Pillaiyarkuppam, Puducherry.
2. Dr.Seetesh Ghose,
M/s Mahatma Gandhi Medical College &
Research Institute,
Pillaiarkuppam, Puducherry. ………. Opposite Parties
BEFORE:
HON’BLE THIRU JUSTICE K.VENKATARAMAN
PRESIDENT
TMT. K.K.RITHA,
MEMBER
THIRU S.TIROUGNANASSAMBANDANE,
MEMBER
FOR THE COMPLAINANT:
Thiru P.Rabindran,
Advocate, Puducherry
FOR THE OPPOSITE PARTIES:
Thiru H.D.Kumaravelu,
Advocates, Puducherry
O R D E R
This complaint has been laid before us claiming compensation against the opposite parties for medical negligence and for costs.
2. Refuting the claim of the complainant, the opposite parties filed their reply version.
3. The complainant examined himself as CW1 apart from examining her daughter as CW2 and filed 25 documents which were marked as Exs.C1 to C25 on his side. Ex.X1 was also marked through CW1.On the side of opposite parties, three witnesses were examined and no exhibits are marked on their side.
4. When the matter stands posted for examination of expert witness, learned counsel appearing for the complainant submits that the matter is likely to be settled and sought for adjournment. After few adjournments, the matter posted to-day.
5. To-day, the opposite parties have paid a sum of Rs.6,00,000/- (Rupees Six Lacs only) by way of Demand Draft to the complainant, which was received by him and he made an endorsement to that effect on the complaint. Further, a memo has been filed by the opposite parties stating this amount has been paid without prejudice and without accepting the allegations made in the complaint. The endorsement made by the complainant, his son and daughter and the memo shall form part of order. In view of the settlement arrived at between the parties, the complaint is dismissed.
Dated this the 17th day of March, 2016
(Justice K.VENKATARAMAN)
PRESIDENT
(K.K.RITHA)
MEMBER
(S.TIROUGNANASSAMBANDANE)
MEMBER
LIST OF COMPLAINANT'S WITNESSES:
CW1 – S.Nagarajan, Complainant, examined on 23.06.2011 and cross-examined on
16.09.2011and 25.01.2012
CW2 –N.Kalaivani, proof-affidavit filed on 26.10.2012 and cross-examined on
07.12.2012
LIST OF COMPLAINANT'S EXHIBITS:
Ex.C1 – Copy of Out-Patient ID Card, dated 21.04.2008, issued by OP1 to
complainant's wife
Ex.C2 – Copy of Investigation Posting voucher, dt. 21.4.2008, issued by O.P.No.1
Ex.C3 – Copy of Investigation Report, dt.24.4.2008 of O.P.No.1 relating to patient
Vijayalakshmi
Ex.C4 – Copy of Prescription & Cash voucher of O.P.1, dt.11.8.2004 relating to patient
Vijayalakshmi
Ex.C5 – Copy of Attender pass, issued by O.P.1.
Ex.C6 - Copy of prescription and cash bill, dt.12.08.2008, issued by O.P.1 to the patient
Vijayalakshmi
Ex.C7 – Copy of cash receipt for Rs.2,500/-, dt. 12.08.2008, Issued by O.P.1 to the
patient Vijayalakshmi
Ex.C8 – Copy of three pharmacy receipts, dt.12.08.2008, issued by O.P.1 to the patient
Vijayalakshmi
Ex.C9 – copy of cash receipt, dt.13.08.2008, issued by issued by O.P.1 to the patient
Vijayalakshmi
Ex.C10- Copy of Investigation Posting , dt.13.08.2008, issued by O.P.1 to the patient
Vijayalakshmi
Ex.C11- Copy of Cash receipt, dt. 13.8.2008 and donor requisition, relating to patient
Vijayalakshmi
Ex.C12- Copy of Donor Requisition form of O.P.1 relating to patient Vijayalakshmi
Ex.C13- Copy of Pharmacy cash receipt, dt.14.08.2008, issued by O.P.1 to the patient
Vijayalakshmi
Ex.C14- Copy of six number of prescriptions, issued by O.P.No.1 to patient
Vijayalakshmi
Ex.C15- Copy of prescription, issued by O.P.1 to the patient Vijayalakshmi
Ex.C16- Copy of 11 cash receipts, all dt. 16.08.2008, issued by O.P.1 to the patient
Vijayalakshmi
Ex.C17- Copy of Investigation Posting, dt.18.08.2008 issued by O.P.1 to the patient
Vijayalakshmi
Ex.C18- Copy of F.I.R.No.205/2008 of Kirumampakkam P.S., Puducherry
Ex.C19- Copy of Disposal of Dead Body, dt.18.8.2008 of O.P.1
Ex.C20- Copy of Post-Mortem Report, issued by G.H., Puducherry
Ex.C21- Copy of legal notice, dt. 01.11.2008 to the O.P.s
Ex.C22- Copy of returned postal cover addressed to Dr.Bose
Ex.C23- Copy of reply notice, dt. 11.12.2008.
Ex.C24- Copy of Rejoinder, dt.11.02.2009 issued by complainant's counsel to O.P.s
Counsel
Ex.C25- Copy of postal acknowledgement card signed by O.P.s counsel
LIST OF OPPOSITE PARTIES' WITNESSES:
RW1 – Dr.Seethesh Ghouse, 2nd O.P. proof-affidavit filed on 24.02.2013 and cross-
examined on 05.09.2013
RW2 – Dr.Dhilip Kumar Maurya, examined on 19.12.2013 & 10.01.2014
Ex.R3 – Dr.Vivekananda Subramanianthan, examined on 09.04.2015 & 22.10.2015
OPPOSITE PARTIES' EXHIBITS:
Ex.R1 – Copy of in-patient record (Patient Vijayalakshmi), maintained by O.P.1
Series
Ex.R2 – Summons issued by this Commission to Dr.Vivekananda Subramanianathan
LIST OF COURT EXHIBITS:
Ex.X1 – Copy of Report issued by Expert Committee constituted by Govt. of Puducherry
(Justice K.VENKATARAMAN)
PRESIDENT
(K.K.RITHA)
MEMBER
(S.TIROUGNANASSAMBANDANE)
MEMBER
