D R S ARORA Vs. ANANT SHUKLA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 17.12.1996 passed by District Consumer Forum, Allahabad in Complaint Case No.513/1996.

(2.) The facts of the case stated in brief are that the complainant filed this complaint for recovery of damages against the doctor. According to complainant he had a dislocation of shoulder bone. He consulted the opposite party and got admitted on 13.7.1993 in the Madnani Nursing Home of the opposite party at 10 a. m. The doctor Anant Shukla, who was an Orthopaedic Surgeon in that Nursing Home got the dislocation set right and also treated him. On account of negligence of the doctor, his shoulder did not improve. Thereafter the complainant got an X-ray done in the Military Hospital and also consulted other doctors. Those doctors reported that his shoulder bone has not been correctly set right. On account of non-setting of shoulder bone corrected, he has suffered a lot of pain. There has been some loss of sensation in the fingers also. The complainant has prayed for a sum of Rs.75,000/- as compensation and Rs.25,000/- as medical expenses which he will be spending in future.

(3.) The opposite party in its written version has denied the allegations of the complainant and alleged that the opposite party has selected a doctor for treatment of the complainant. When the complainant was admitted in the Nursing Home, his condition was absolutely right. According to the doctor, the bone was correctly set and there was no deficiency in service. It has further been alleged that the treatment was got done in July, 1995 while the complaint has been filed in July, 1996. Hence it is barred by limitation.