N.J.VARGHESE Vs. ADMINISTRATOR, PUSHPAGIRI, HOSPITAL

JUDGEMENT

(1.) S. Chandramohan Nair, Member Aggrieved by the dismissal of the complaint in OP 273/99 of CDRF, Pathanamthitta the complainant has come up in this appeal stating that the order of the Forum below is illegal/ irregular and un -sustainable. It is his case that the complaint ought to have been allowed which unfortunately was dismissed by the Forum by its order dated.8.5.200l.

(2.) The facts of the case in brief are that the complainant is a painter by profession who is deaf and dumb and on 27.5.98 he fell down while painting and sustained injuries to his leg. He was taken to the first opposite party hospital where he was treated for 64 days and it is his case that even after 64 days his wound was not healed and that the stones in the wound were not completely removed by the opposite party by which act he had to suffer a lot and had to expend a huge sum of Rs. 75,000 towards the treatment. Alleging deficiency in service the complaint was filed praying for directions to the opposite party to pay a sum of Rs.l,25,000 claimed under various heads.

(3.) Resisting the complaint the opposite parties filed separate versions wherein it was contended that the petition was not maintainable and that the treatment given by them were of standard procedure and further that if the stones were removed at the first instance itself it would lead to loss of considerable born tissues which would cause difficulty in born healing, However, it was admitted that the petitioner was brought to the hospital on 27.5.98 with an open type III fracture of left calcaneous. It was also submitted that the calcaneal born was broken into multiple pieces and there was a large wound through which the bits of born were coming out. The wound was contaminated with mud, stones and foreign materials and in such cases it would take considerable time for healing. Pleading that standard care and well -accepted treatment were given by the opposite parties they prayed for the dismissal of the complaint with cost.