CASE BRIEF: INS. MALHOTRA V. DR. A.

KRIPLANI, (2009) 4 SCC 705

FACTS:
- Appeal based on complaint dismissal regarding medical treatment at Bombay Hospital for
Priya Malhotra.
- Priya underwent multiple procedures due to kidney failure, leading to her passing away
from peritonitis.
- Allegations of medical negligence were made but lacked expert opinions during
proceedings.
- Dr. Pratima Prasad, involved in the procedures, refuted claims, stating they were necessary
and conducted appropriately.
- Denial of negligence or mishandling leading to complications.

ISSUE RAISED:
Being aggrieved thereby, the appellant has filed this appeal under Section 23 of the Consumer
Disputes Redressal Commission Act, 1986 (hereinafter referred to as the "Act").

WHAT HELD:
1.After examining the Commission's order and all relevant material, we find no grounds for
interference in the appeal. The Commission's findings were thorough, and no new points
were raised by the appellant, leading us to conclude that the appeal lacks merit.
2. In the result for the above stated reasons there is no merit in this appeal and it is,
accordingly, dismissed. The parties are left to bear their own costs.