Delay of 14 days in filing the revision petition is condoned.

          Respondent got an Ultrasound done from the petitioner.  On examining the Ultrasound petitioner told the respondent that she was carrying single child and the delivery would be soon.  Respondent gave birth to four children out of whom three died.  Alleging deficiency on the part of the petitioner, respondent filed the complaint before the District Forum.

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          District Forum allowed the complaint and directed the petitioner to pay Rs.1,50,000/- to the complainant/respondent in lump sum along with interest @ 12% p.a. from the date of filing of complaint, i.e. 22.05.2011 till realization.  Opposite party No.5 was given liberty to recover the same from the insurance company. 

          Petitioner along with the hospital which were opposite parties No.5 and 4 filed the appeal before the State Commission.  Before the State Commission, during the course of arguments, counsel for the petitioner restricted his submission only with respect to grant of interest only.  Counsel for the petitioner did not challenge the finding of the District Forum regarding negligence or the amount awarded.  The State Commission waived the interest.  It was held that the respondent could not be paid interest on the amount of compensation as the same would amount to ‘dual benefit’. 

          Opposite parties No.5 and 4 have filed the present revision petition challenging the finding regarding ‘negligence’ as well as ‘quantum of awarded amount’. 

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          In view of the fact that the petitioners had given up their challenge to both these points before the State Commission, they cannot be permitted to challenge the same at this stage.  Dismissed.