Dr. Dominic Anto vs Sandhya Mol & 4 Ors

The present Revision Petition has been filed by Dr. Dominic Anto (hereinafter referred to as "the treating Doctor") against the order dated 26.04.2016, passed by the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (hereinafter referred to as "the State Commission"), whereby the separate Appeals preferred by the Adminstrator, Pushpagiri Medical College Hospital, Thiruvalla (hereinafter referred to as "the Hospital") and the treating Doctor, against the order dated 13.11.2013, passed by the Consumer Disputes Redressal Forum, Pathanamthitta (hereinafter referred to as "the District Forum") had been dismissed.

The District Forum, while allowing the Complaint filed by the Respondents 1 to 5/ Complainants has held as follows:

"19. In the result, this complaint is allowed thereby the complainants are allowed compensation of Rs.14,73,300/- (Rupees Fourteen Lakhs Seventy Three Thousand three hundred only) with interest at the rate of 7.5% from the date of filing of this complaint viz 31.10.2011 along with cost of Rs. 10,000/- (Rupees Ten Thousand only).

Out of the total amount entitled to the complainants, the 2 nd opposite party is directed to pay Rs.1,00,000/- (Rupees One Lakh only) to the complainants as an alert and waning to the negligent doctors. The remaining amount is to be paid by the 1 st opposite party on the basis of the principles of vicarious liability and in the absence of a specific pleading from the part of the 1 st opposite party for not applying the principles of vicarious liability in this case. Opposite Parties are directed to comply this order by depositing the entire amount before this Forum within 30 days from the date of receipt of this order failing which the complainants are allowed to proceed for the realization of the amount. On deposit of the amount ordered herein above the amount will be dispersed as per the law of succession applicable to the complainants. It is further directed that the amounts entitled to the minor complainants should be deposited in a nationalized bank as fixed deposit in their name with an attachment to this Forum, till they attains the age of majority and the interest thereon can be utilized for their well being."

The State Commission, while dismissing both the Appeals and confirming the order of the District Forum had made certain modifications. It has set aside the order of the District Forum, apportioning the compensation between the Hospital and the treating Doctor and made the liability of both of them joint and several. The operative portion of the order passed by the State Commission is reproduced below:

"In the result, both the appeals are dismissed confirming the order of the consumer forum awarding compensation of Rs.14,73,300/- with interest and cost of Rs.10,000/-. But the order of the consumer forum apportioning the compensation between opposite parties 1 and 2 is set aside. It is made clear that the liability of the opposite parties, appellants shall be joint and several. The parties shall bear their respective costs in these appeals. "

It may be mentioned here that the Hospital has not challenged the order dated 26.04.2016, passed by the State Commission. Hence, qua the Hospital the order has become final and binding. Only the treating Doctor has preferred the present Revision Petition.

We have heard Mr. S. Gopakumaran Nair, Senior Counsel appearing for the Petitioner and Mr. Vidyasagar C.K., learned counsel appearing for the Complainants/ Respondents and perused the impugned order passed by the State Commission. Further, we have also perused the order passed by the District Forum.

The learned Senior Counsel appearing for the Petitioner submitted that the Petitioner cannot be held to be negligent, as he is a reputed neuro surgeon haivng experience of many years in his field and the findings recorded by the two Fora below are contrary to the material and evidence on record. On the other hand, learned Counsel appearing for the Complainants /Respondents herein has submitted that the order passed by the State Commission as also the District Forum should be upheld as both the Consumer Forams/ Commission have considered all the material and evidence on record and have given a correct finding regarding medical negligence.

We have given our thoughtful consideration to the various pleas raised by the learned Counsel for the parties. In our considered opinion the findings of medical negligence recorded by the two Fora below need not be gone into in the peculiar facts and circumstances of the case as we feel that the Petitioner herein should make payment of the amount as ordered by the District Forum to the Complainants/ Respondents and his liability be restricted to that amount only. The Petitioner has also deposited a sum of Rs.6,00,000/- before the District Forum pursuant to an interim order passed by this Commission.

From the deposited amount a sum of Rs.1,00,000/- along with interest @ 7.5% per annum on Rs.1,00,000/- from the date of filing of the Complaint i.e., 30.10.2011 till the date of payment be released to the Complainants/ Respondents within four weeks from today. The balance amount along with accrued interest, if any be refunded to the Petitioner herein. There shall be no further liability for payment of any amount on the Petitioner.

We may mention here that the findings recorded by the two Fora below shall not come in the way of the future career of the Petitioner and the Adminstrator, Pushpagiri Medical College Hospital, Thiruvalla, shall not take any steps against the present Petitioner.

The Revision Petition is disposed of with the aforesaid order.