NCDRC

NCDRC

RP/3305/2011

THE CHAIRMAN GEMS HOSPITAL & ANR. - Complainant(s)

Versus

SIVARAMAN - Opp.Party(s)

MR. JOGY SCARIA

24 Nov 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3305 OF 2011
 
(Against the Order dated 23/05/2011 in Appeal No. 182/2006 of the State Commission Kerala)
1. THE CHAIRMAN GEMS HOSPITAL & ANR.
Gems Hospital, Court Junction, Mevelikkara
Kerala
2. Dr.PK Ravi Surgeon,
Gems Hospital, Court Junction
Mavelikkara
kerala
...........Petitioner(s)
Versus 
1. SIVARAMAN
Seeji Nivas, Pullikkanakki PO, Krishnapuram,
Alappauzha
Kerala
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V. R. KINGONKAR, PRESIDING MEMBER

For the Petitioner :
Mr. Jogy Scaria, Advocate
For the Respondent :NEMO

Dated : 24 Nov 2011
ORDER

 

Heard learned counsel for the petitioners.

          This revision petition is preferred against the concurrent findings of the fora below. The fora below recorded a finding that the petitioner No.2 is a General Surgeon and yet treated the complainant for reduction of the dislocated right shoulder. There is no dispute about the fact that complainant alleged deficiency in the service of the petitioners in treating him for dislocation of the right shoulder. It was the case of the complainant that due to

erroneous treatment pertaining to the reduction of the location of the right shoulder, he suffered disability of 14%. The fora below held that x-ray was not taken after the alleged reduction and therefore, it was not possible for the petitioners to ensure whether the procedure was correctly done or not. Moreover, the petitioner No.2 is only a General Physician. He should have immediately referred the complainant to a higher centre for specialized treatment and hands of an orthopedican. It is obvious that the petitioner No.2 was not competent orthopedican as such.   It is further clear that the petitioners failed to ascertain whether the reduction process was successfully done or not, by getting the x-ray examination after completing the procedure what appears from the record is that the contention of the petitioners was not that the x-ray was not working at the relevant time. This could not be the excuse and therefore, the concurrent findings of the fora below appear to be based on proper material, in any case such concurrent finding cannot be branded as perverse or arbitrary. Needles to say in the limited exercise of revisional jurisdiction, the finding of fact cannot be disturbed. No substantial question of law is involved.

In the result the petition is dismissed in limine.  

 
......................J
V. R. KINGONKAR
PRESIDING MEMBER

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