PARAMJIT KAUR Vs. VIJAY SOOD

JUDGEMENT

(1.) PARAMJIT Kaur appellant had met with an accident by which her right leg was twisted. She got treatment from Smt. Parasanben Naraindas Ramji Shah (Talajwala) Society for Relief and Rehabilitation of the Disabled, 51, Vidyanagar, Bhavnagar. A steel rod was fitted in her right leg on 17.1.2001 and she was discharged from the hospital on 3.2.2001. She was recovering from her illness satisfactorily and she had started her routine walking without trouble.

(2.) IT was further pleaded that in the month of August 2001 the appellant felt some pain in her right leg. She contacted Dr. Vijay Sood respondent No.1. He prescribed certain medicines to the appellant after charging a sum of Rs.50 as his examination/consultation fee but the appellant could not get any relief. Respondent No.1 continued changing the medicines. The appellant was also told by respondent No.1 that the pain was due to the steel rod and it will have to be removed for getting relief from the pain. He also assured the appellant that he himself would remove this steel rod and the appellant would be fit for walking Respondent No. 1 also conducted some urine/blood tests and also conducted x -ray examination. He had also applied plaster. But respondent No.1 did all this to mint money from the appellant and during this period respondent No.1 had charged Rs.25.000 from the appellant.

(3.) IT was further pleaded that going by the advice of respondent No.1, the appellant surrendered to respondent No.1 for being operated. He removed the steel rod from the right leg of the appellant in June 2002 and charged Rs.10,000 as tee. A few days after the operation, the stitches started oozing fluid. The appellant contacted respondent No.1 again who prescribed certain medicines and charged Rs.50 as routine fee per visit.