STATEMENT OF JURISDICTION (p)

The Appellants have approached this Hon’ble Court under Section 304A of the Indian Penal
Code, 1860.

“304A. Causing death by negligence

Whoever causes the death of any person by doing any rash or negligent act not amounting
to culpable homicide, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.”

The Appellant has appealed before the Hon'ble Supreme Court of India, in the
matter Of Vikrant Mathur v. Quick Heal Hospital SLP 254 of 2019, Under section
304A of Indian Penal Code, 1860 against the judgment and order of National
Consumer Disputes Redressal Commission (NCRDC). The Supreme Court of India has
posted the present appeal for admission.

THE PRESENT MEMORANDUM SETS FORTH THE FACTS, CONTENTIONS AND

ARGUMENTS IN THE PRESENT CASE

STATEMENT OF JURISDICTION (r)

The Respondent humbly submits before the Hon’ble Supreme Court of India, the
memorandum for the Respondent in an appeal filed by the Appellants under Section
304A of the Indian Penal Code, 1860. However the Respondent seeks permission of
this Hon’ble Court to contend the maintainability of the Special leave Petition.

THE PRESENT MEMORANDUM SETS FORTH THE FACTS, CONTENTIONS AND

ARGUMENTS IN THE PRESENT CASE.

STATEMENT OF FACTS
For the sake of brevity and convenience of the Hon’ble Court the facts of the present
case
are summarized as follows:
 THE PARTIES:
The appellant, Vikrant Mathur has filed a Special leave petition against Quick Heal
Super Speciality Hospital who is Respondent no. 1, Dr. Shivkant Jhunjhunawala who
is Respondent no. 2 and Dr. Anurag who is Respondent no. 3.
BACKGROUND OF THE CASE.
1. Vikrant, the petitioner is a rheumatologist.
2. Wife of the petitioner, namely, Neha was suffering from various health problems.
3. Her health problems became more complex when she was diagnosed with
oesophageal cancer and hypertension with her history of diabetic alerts.
4. Neha was under Dr. Shalabh Saxena’s observation, who was well aware of her
condition.
5. On April 20, 2019, Neha took her prescribed medicines after dinner. She woke up to
severe anxiety and suffocation around midnight and complained about it to her
husband, Vikrant.
6. Vikrant contacted Dr. Shalabh Saxena right away, and when he didn’t answer his
calls Vikrant intimated him about the problems Neha was facing and that she needed
him urgently.
7. Dr. Shalabh Saxena replied to Vikrant’s messages saying that he is abroad for 15 days
and advised him to give him a paracetamol for time being and to take her to the
hospital for immediate examination.
8. Neha took a paracitamol and felt relaxed. She decided to go to the hospital for
examination the next morning.
9. Next morning, on April 21, 2019, she got herself admitted to a renowned private
hospital named Quick Heal Super Speciality Hospital (Respondent no. 1)
10. In the hospital she was treated by Dr. Shivkant Jhunjhunawala (Respondent no. 2)
and was diagnosed with chills and fever.
11. Dr. Anurag (Respondent no. 3) inserted a nasal feed tube and prescribed to carry
out some tests, one of which was the Complete Blood Count Test. This test showed
high WBC count which indicated infection. She also had a running temperature of
102° F.
12. Her medical treatment commenced with intravenous administration of injection
Magnex of 1.5 mg but her medical reports showed that the cannula used for the
treatment was not functioning so Dr. Anurag prescribed a further antibiotic tablet,
polypod (cefpodoxime), to be administered orally through the nasal tube.
13. Neha was discharged on April 23, 2019, and was prescribed to take her medicnes for
the next 15 days, which as per Vikrant, was administered to her.
THE INCIDENT:
1. On April 29, 2019, Vikrant reported that his wife collapsed And was admitted to a
nearby general hospital where Dr. Vincent supervised Neha.
2. According to Dr. Vincent, Neha was not diagnosed properly in the previous hospital
and the overdose of the oral antibiotic was the reason for her fatal collapsing.
 3. Neha was put to life support ventilation system but her health continued to
deteriorate and she finally succumbed to her illness on May 1, 2019.
THE TRIAL PROCEEDINGS:
1. After his wife’s death, Vikrant discussed with various doctors including his son who is
a doctor practicing in the US and on the basis of the discussion he decided to sue the
doctors in Quick Heal Super Speciality Hospital for negligence which caused the
death of his wife.
2. Vikrant, the appellant, filed a complaint in the Medical Council of India.
3. He approached the State Consumer Commission where he sought to make a case of
gross negligence of the hospital by highlighting:
a. Inappropriate and ineffective medication
b. Premature discharge of the deceased despite her condition warranting
treatment in the ICU.
c. Oral administration of the polypod antibiotic, despite her critical condition
which actually required intravenous administration of the medicine.
4. The stand of the respondents was that when the patient was discharged, she was
afebrile, her vitals were normal, well hydrated and no chest and urinary tract
infection. They said that she was clinically stable and that is why she was discharged
with proper medical prescriptions for 15 days.
5. The State Consumer Commission decided in favour of Vikrant and directed a
compensation of 15 lakh and 51,000 to be paid to him.
6. The respondents decided to appeal before the National Consumer Disputes
Redressal Commission which exonerated the respondents from all imputations of
medical negligence.
PRESENT STATUS:
1. Vikrant, the husband of the deceased, filed as Special Leave Petition (SLP 254 OF
2019) before the Hon’ble Supreme court against the orders of NCDRC.
2. The case has been listed as Vikrant Mathur v. Quick Heal Hospital SLP 254 of 2019
for hearing on March 21, 2020.