SHYAM BIHARI PANDEY Vs. VISHWANATH CHOWDHARY

JUDGEMENT

(1.) THIS appeal by Shri Shyam Bihari Pandey is filed against the order dated 28.11.2008 by which Complaint Case No. 38 of 2008 stood dismissed against the OP/ respondents.

(2.) BRIEFLY stated the facts before the lower Forum were that Nitin son of the complainant was admitted in the Nursing Home of Dr.Chowdhary on 30.7.2007 for certain injuries in right forearm. Further stated he was treated for next five months during which period the bone of his arm got further rotten resulting in permanent disability. According to him this happened because of negligence in treatment of his son by Dr. Chowdhary. As such the complaint was lodged for compensation to the tune of Rs. 5,00,000 and cost etc.

(3.) THE OP / respondent appeared on notice to deny any deficiency. According to him he has simply put sterilized dressing of the injured arm due to fall on 27.7.2007. It is also asserted that though the X -ray dated 30.7.2007 did not show any obvious fracture, he advised hospitalization and proper treatment was given during this time. As per the opposite party on 6.8.2007 he was discharged with advice to continue alternate day dressing. However the child was brought only on 15.9.2007 and again on 7.10.2007 and his advice was not followed. According to the opposite party this resulted in "Osteomeylitis Radius" and he was referred to Orthopaedic Surgeom. He has filed the treatment chart in support of this defence and asserted that medical expert's opinion was missing in this case.