By Jayasree Kallat, Member

 

            The petition was filed on 11.09.07.    Complainant is a Mason, who was filed this petition alleging deficiency and negligence on the part of Opposite Party-1 & 2. On 13.03.2007 while doing masonry work a stone fell on the feet of the complainant and the big toe of his right leg was injured. The complainant was admitted in the Opposite Party 1’s hospital and examined by Opposite Party 2 Doctor, who is said to be an Ortho specialist. Complainant was admitted on 13.03.07 and he was examined and treated by second Opposite Party doctor. He was admitted for one day in the Opposite Party -1 Hospital and discharged on 14.03.07. Complainant had applied medicine and bandaged for a few days. As the complainant still had difficulty, on 19.03.07 again he approached the opposite parties. On the same day Doctor prescribed certain medicine and the wound was dressed.   The complainant had approached the Opposite Party again on 21.03.07 up to 07.04.07. Complainant had consulted Opposite Party doctor on five occasions during this period. The complainant did not have any relief even after Opposite Party’s treatment for more than one and a half months. Complainant had severe pain and the wound was infected and started to spread. This fact was informed to the opposite parties 1 & 2. Opposite Party were negligent and continued the same treatment. Complainant had to seek the help of some other doctor because the pain increased and swelling was seen on the legs. On 26.04.07 complainant approached Medical College Hospital, Kozhikode and consulted Dr.Gopakumar of Medical College. Complainant was admitted in the Medical College Hospital on 26.04.07. A surgery was conducted on the great toe on the right leg of the complainant and the toe was amputated on 30.04.07. After treatment he was discharged from Medical College on 02.05.07. The complainant is alleging negligence and deficiency on the part of the opposite party 1 & 2 in treatment which caused mental and physical agony to the complainant. He had also suffered financial loss. Hence this petition seeking relief.

 

            Even though notice was issued to the opposite parties, it returned with endorsement closed down. Notice was repeated and Opposite Party 1 was represented and prayed time for filing version. But for the subsequent postings there was no representation on the part of Opposite Party -1. Step was taken against opposite parties by the complainant. As the opposite parties did not appear before the forum, even after several postings opposite parties 1 & 2 were called absent and set exparte.

 

            The complainant was examined as PW1. Exts. A1 to A6 were marked on complainant’s side. Exts.A1 to A3 shows that the complainant had consulted the opposite parties from 13.03.2007 to 22.04.2007. Even after treatment for more than one month the complainant did not get relief. According to the complainant pain and swelling on the leg became accelerated. The complainant had to approach another doctor for the treatment. Complainant is alleging negligence and deficiency on the part of OP 1 & 2. Exts.A4 shows that complainant had consulted Dr.Gopakumar on 24.04.2007. Exts.A5 is the reference card in the name of the complainant issued from MCH, Kozhikode. A perusal of Ext.A5 shows that complainants toe was found to be infected and gangrened and the toe was amputated. He was discharged from Medical College on 02.05.07. Ext.A6 the referral OP ticket of 31.05.2007 in the name of the complainant shows that the wound healed well. From the evidence of PW1 and the Exts. A1 to A6 it has come out that the complainant was treated by OP 1 & 2 in a negligent manner. Due to the negligence and deficiency from the part of the Opposite parties 1 & 2 the complainant’s wound became aggravated. Later on he had to approach Medical College Hospital for treatment. From the Medical College the complainant’s toe was seen to be gangrened and hence was amputated. After treatment from Medical College wound healed. If the opposite parties had treated the complainant properly from the very beginning this would not have happened. In our opinion negligence and deficiency has occurred from the part of the opposite parties 1 & 2 and hence we are of the opinion that complainant is entitled for relief.

 

            In the result the petition is allowed and opposite parties 1&2 are directed to pay an amount of Rs.10,000/-(Ten thousand only) as compensation and a cost of Rs.1000/-(one thousand only) . Both opposite parties 1 & 2 are liable to pay compensation to the complainant within one month of receiving the copy of the order.

 

Pronounced in the open court this the 13th day of December 2010.

Date of filing:11-09-2007

 

 

             SD/-  PRESIDENT                  SD/- MEMBER                   SD/-  MEMBER

 

 

 

 

 

 

 

 

 

APPENDIX

 

Documents exhibited for the complainant:

 

A1. O.P. ticket.

A2. Prescription of Dr. Syed Abid Hussain

A3. Medical bills.

A4. Prescription of Dr. Gopakumar. T.S.

A5. Reference card issued from Medical College, Kozhikode.

A6. Referal O.P. ticket.

 

Documents exhibited for the opposite party.

            Nil

 

Witness examined for the complainant:

PW1. Asokan.P.P. (Complainant)

 

Witness examined for the opposite party.

                        None

 

 

                                                                                                SD/- PRESIDENT

 

                        // True Copy //

 

(Forwarded/By order)

 

 

SENIOR SUPERINTENDENT.