APOLLO HOSPITALS LTD Vs. S.BASKARAN

JUDGEMENT

(1.) The petitioner is the opposite party and the respondent herein is the complainant before the District Forum.

(2.) This Revision Petition is filed as against the order passed by the District Forum in rejecting the application filed by the petitioner wherein the relief is claimed to dismiss the complaint as barred by limitation.

(3.) The complaint is filed by the respondent herein by contending that he has met with an accident on 6.6.1993 and admitted in the hospital at Vellore and later on continued treatment w.e.f 28.8.94 in the hospital of the opposite party / petitioner herein. According to the complainant, an operation was performed by the 2nd opposite party on 16.9.94 and he was discharged 24.9.94 and subsequently he underwent total elbow joint replacement on 07.10.1995. Subsequently he underwent routine checkup and approached the 2nd opposite party once again for certain compliance and finally on 3.2.98 he had the removal of elbow implants and excision arthroplasty surgery. However he has developed some complications and he has written letters on 22.5.04 and 14.07.04 alleging medical negligence on the part of the opposite parties. According to the complainant, he has subsequently underwent treatment in CMC Hospital at Vellore on 24.12.04. According to the complainant, he has developed a paralytic attack due to the mental stress due to non-healing of the hand despite two operations by the opposite parties and the above fact is admitted by him in the complaint preferred before the District Forum, as well as in the paragraph pertaining to the cause of action. The District Forum has admitted the complaint, and thereafter the opposite party has filed a petition to dismiss the complaint as barred by limitation.