RADHIKA Vs. B.RAJENDER

JUDGEMENT

(1.) THIS is an appeal preferred by the opposite party a dentist against the order of the Dist. Forum directing her to pay compensation of Rs. 2 lakh besides costs.

(2.) THE case of the complainant, since died is that he worked as a wireman in Ordnance Factory at Medak. The appellant is a dental surgeon attached to the Ordnance Factory. Since he was suffering from toothache, he was taking treatment in the factory hospital, and when it became acute he was referred to appellant. While so on 26.6.2001 at 8.30 a.m. he had acute pain on the 6th left tooth. The appellant advised him to take pain killers and reviewed on two occasions. When the pain was not controlled X -Ray was taken and basing on the report, the appellant advised for extraction of left 6th tooth. On 20.11.2001 the said tooth was removed. Later 7th tooth started giving pain and when it became acute he approached the appellant. Without conducting any tests, however applying local anaesthesia a tooth was removed. Since the pain was persisting, he found that 8th tooth was removed instead of 7th tooth. Immediately, he informed her, however she rebuked him. He lost a good tooth. Defective 7th tooth remained. Due to this, he had problems in the ears as well as eyes. He suffered indigestion and loss of hearing capacity, etc. All this was due to the negligence of the appellant in removing the good tooth. Therefore he claimed Rs. 2 lakh towards compensation besides costs.

(3.) THE Dist. Forum noted that the appellant did not choose to contest the matter despite notice.