BALAMUGUNTHAN Vs. SUGANTHI

JUDGEMENT

(1.) The second defendant in O.S.No.66 of 2004 on the file of the Additional District Judge, Puducherry at Karaikal is the appellant.

(2.) The above suit was filed by the first respondent claiming compensation of Rs.10,00,000/- for the injuries and permanent disability suffered by her as a result of negligence and wrong treatment given in the Government Hospital at Karaikal.

(3.) The appellant/second defendant was working as a Specialist in Orthopedic Division at Government Hospital, Karaikal at the relevant point of time. According to the plaintiff on 26.1.1999 around 11.30 A.M. while she was returning from school after attending the Republic Day Celebration at Kamarajar Square, Karaikal, a cyclist who was coming in the opposite direction dashed against her. It is claimed that as a result of the said accident she was injured in the right leg below the knee resulting in severe pain as well as bleeding. Immediately, she was taken to the Government General Hospital Karaikal and First Aid was given by the 2nd defendant in the suit namely, Dr.Balamungunthan, Government Hospital, Karaikal and she was referred to Orthopedic Ward. An X-ray was taken of her right leg. The signature of the mother of the plaintiff was taken informing that there will be a surgery. However, the 2 nd defendant Doctor, Head of the Orthopedic Department in the hospital had made a thick bandage with plaster of paris from thigh to toe including the fingers. It is claimed that the bandage was unusually thick.