K M ABDULLA Vs. OTTAPPILAVULLATHIL BALAN

JUDGEMENT

(1.) THE appellant is the opposite party in OP 469/99 in the file of CDRF, Kozhikode. The appellant is under orders to pay a sum of Rs. 10,000/ -as compensation with interest at 15% per annum from 30 -07 -1999 and also to pay a sum of Rs. 2,000/ - as costs.

(2.) IT is the case of the complainant that he is a poor agricultural labourer and that on 09 -04 -1999 he sustained an injury on the left hand and he went to M.J. Hospital which is the nearest and the doctor of above hospital told him that the matter required an urgent consultation with an Orthopaedic Surgeon. Hence he went and consulted tin -opposite party/ Orthopaedic Surgeon of CM Hospital. After examining the wound, he was told that there is nothing serious and the wound was stitched and medicines were prescribed. He was asked to come for review -after one week. As he felt severe pain on 12 -04 -1999 he again consulted the opposite -party who removed the bandage and examined the wound and again applied the bandage and prescribed medicines. As directed by the doctor, he again met him after one week and the doctor removed the stitches and told him that the wound has been healed and that after two weeks, the dressing can be removed and he can attend the regular works. He has paid Rs. 250/ - for consultation charges and Rs. 1,200/ - for operation theatre charges. As directed by doctor, after two weeks he removed the dressing but found that his thumb could not be moved. Again he met the same doctor who examined the hand and told him that an operation will be required and that at the CM Hospital the operation charges would work out to Rs. 10,000/ -. As he expressed his inability to manage that much of amount, he was referred to the Medical College Hospital. On 28 -04 -1999 he was admitted in the Medical College Hospital and subjected to surgery. The doctors at the Medical College told him that it is on account of the negligence of the opposite party/doctor that the complication resulted. According to him he suffered a lot of agony and disability on account of the above lapse of the opposite party. According to him he is unable to execute manual labour. He sought for a compensation of Rs.75,0007 - and Rs. 3,450/ - towards other expenses from the opposite party.

(3.) THE opposite party/appellant has filed version denying the allegation of negligence on his part. According to him the injury was near the site of extensor polices longus tendon. He examined the tendon and the nearby two tendons and found that all the three tendons were working properly. He also explored the wound under local anaesthesia and found that the tendon is intact. The same is recorded in the OP ticket. Thereafter the wound was sutured under local anaesthesia and medicines administered. It is after two weeks that the complainant came to his office and mentioned that he felt something giving way in his left wrist he was putting on his dhothi. He also told that he is not able to lift his thumb. On examination it was found that the extensor polices longus is ruptured and hence he referred the complainant to Dr. Gopinath, Orthopaedic Surgeon. Medical College Hospital, Kozhikode. He has denied the rest of the allegations. According to him the complainant approached him only after two weeks later from the date of removal of stitches. The sutures were removed after one week from 09 -04 -1999. According to him he has used more than reasonable care and skill while treating the complainant.