The present Revision Petition was filed by the Petitioner i.e., K. Aditya before the Hon'ble National Consumer Disputes Redressal Commission, New Delhi challenging the Order dated 15.11.2016 passed by the Ld. State Consumer Disputes Redressal Commission, Chattisgarh in the First Appeal, where the Order of the Ld. District Consumer Disputes Redressal Commission, Raipur was challenged.
The First Appeal was allowed by the Ld. State Consumer Disputes Redressal Commission, Chattisgarh and the Order passed by the Ld. District Consumer Disputes Redressal Commission, Raipur was set aside. The Ld. District Consumer Disputes Redressal Commission, Raipur had allowed the Complaint and directed the Respondent No. 1 in the present Petition to pay Rs. 50,000/- with 12% interest till date of payment, Rs. 1,00,000/- for mental agony and Rs. 5,000/- as litigation expenses.
The Arguments were advanced by both the parties in the said Revision Petition before the Hon'ble National Consumer Disputes Redressal Commission, New Delhi.
Thereafter, considering the Arguments and merits of the case, the Hon'ble National Consumer Disputes Redressal Commission, New Delhi, on 15.03.2023 was pleased to dismiss the Revision Petition by stating that every mistake does not amount to negligence and also by relying upon one of the landmark judgement in the field of Medical Negligence i.e., Jacob Mathews Case [(2005) SSC (Crl) 1396].
Counsel who Appeared
- Adv. Pawan Kumar Ray for Petitioner
- Adv. Vaibhav Agnihotri & Adv. Harshit Kiran for the Respondent No. 1
- Adv. Amit Kumar Singh & Adv. Tovikato Achumi for the Respondent No. 2
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