STATE OF M P Vs. KRISHNA KUMAR KUSHWAHA

JUDGEMENT

(1.) THIS appeal has been preferred by the State of M. P. and others aggrieved by the judgment and decree dated 12-9-1994 passed by District Judge, Mandla,in Civil Suit No. 3-B/93 passing a decreed for a sum of Rs. 25,000/- on account of medical negligence in imparting anti-allergic injection without testing reaction to the plaintiff-respondent K. K. Kushwaha owing to which his radial nerve was damaged and he suffered disability to the extent of 20%.

(2.) PLAINTIFF-RESPONDENT K. K. Kushwaha has filed a suit for claiming compensation of Rs. 4,50,000/- against the appellants on the averments that on 13-7-1989 he went to the Government Hospital in connection with treatment of a boil on his left leg. His name was entered in the OPD register and after investigation certain injection and medicines were prescribed. An injection called otcism was also prescribed which was taken to the room of Nurse concerned in the Govt. hospital. Without testing the anti-allergic injection was applied in the right hand due to which it became senseless. Plaintiff K. K. Kushwaha again reported on 15-7-1989 but no treatment was given. On 17-7-1989 he went to the main hospital, he was admitted as an indoor patient till 9-8-1989. Condition of his right hand did not improve. He was referred for further treatment to Jabalpur. Still improvement was not made. He has incurred 40% disability in respect of that a certificate was issued by Medical Board on 6-12-1989. Compensation of Rs. 4,50,000/- was claimed. Age of plaintiff respondent was 25 years. His engagement was broken. Chances of proper marriage have gone.

(3.) THE defendants in their written statement denied the negligence on the part of Ms. Sandhya Chakrabarty, Nurse, applied an injection in negligent manner. However, medicines were prescribed on 13-7-1989 to the plaintiff, he was admitted on 17-7-1989 in the hospital for treatment of his right hand. Plaintiff was not entitled for any compensation. On 13-7-1989 tablet septron was given an injection otcism was prescribed, injection was not obtained from the hospital.