R PONNAPPAN DENTIST Vs. V MOHAN TEACHER

JUDGEMENT

(1.) IN AP 15/99, aggrieved by the order passed by the District Forum, Srivilliputhur in O. P. No.174/97, the Opposite party has come forward with the appeal.

(2.) ACCORDING to the complainant, he and his friend were driving a motorcycle and at the time when the complainant approached the District Collector's office, he fell down as a result of which his jaw was broken. Immediately, the complainant went to the opposite party at Virudhunagar. The oppsite party stated that the jaw had broken and thereofre he has to be taken to Latha Clinical Operation Theatre at Sattur and accordingly the complainant went there and got admitted himself and on 3.2.1997 he was operated upon by the opposite party. When the complainant consulted S. R. M. Hospital at Chennai, he was made to understand that the operation had been done at a place not required and therefore a re -operation was done. On account of the carelessness and negligence of the opposite party the complainant had to incur an expenditure of Rs.70,000/ -. He was put to mental hardship and sufferings as a result of which he claims a sum of Rs.70,000/ - towards the said expenditure and a sum of Rs.25,000/ - towards compensation and cost of Rs.5,000/ -.

(3.) THE opposite party contended that on taking X -ray, fracture was found on the right side of the complainant's jaw. Immediately he was operated upon. He was advised not to move his jaw for a period of six weeks. He was also asked to come and consult the Doctor frequently. But the complainant did not turn up at all. There was no negligence in carrying out the operation. There was no deficiency in service.