STATE OF KERALA Vs. KRISHNANKUTTY

JUDGEMENT

(1.) Appellant is the State of Kerala. The first respondent filed the Suit claiming compensation from the appellant and the second respondent for damage arising out of the negligence with which the second respondent Doctor treated the first respondent culminating in the amputation of the left leg (below knee) of the first respondent. The trial court decreed the Suit in a sum of Rs. 1,31,000/- with interest at six per cent from the appellant and second respondent.

(2.) We shall refer to the parties as in the trial court. The plaintiff suffered an injury when a silicate stone on the sunshade of a building fell down and hit on his left leg, just above the ankle on 19.11.1989. The plaintiff was working at the building site. He was taken to the Medical College Hospital, Thrissur where the second respondent was working. Plastering was done. He was discharged on the same day in the evening. Thereafter, he went back to the hospital on 23.11.1989, complaining of severe pain. Then, the second defendant cut open the plaster and the plaintiff was also administered with certain medicines. On 24.11.1989, fasciotomy was done, however, it was found that even though fasciotomy was done, amputation below the knee was inevitable. The plaintiff apparently not being satisfied with the treatment, got himself discharged and it is the admitted case that he had to get his left leg below knee amputated at a private hospital.

(3.) The defendants contended that there was no negligence. In short, the case of the defendants was that the plaintiff developed what is known as compartment syndrome and the Doctors including the second defendant have treated the plaintiff without any negligence and in accordance with the accepted medical practice. However, unfortunately, it got out of hand for no fault of the Doctors and amputation became unavoidable.