SURAJ SINGH Vs. MANOJ KANKANEY

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 19.3.1999 passed by District Consumer Forum, Jhansi, in Complaint Case No.416 of 1998. It may further be mentioned that by minority, the President of the learned Forum has also taken the same view of dismissing the complaint but has ordered for payment of cost of Rs.400/- by the complainant to the opposite party. The facts of the case stated in brief are as follows :

(2.) The complainant received a fracture in the shaft radius of left hand in an accident on 22.10.1997. He consulted Dr. Manoj Kankaney. He plastered the entire hand from palm to shoulder. According to the complainant, the fingers got stiffed and there was no movement of the fingers due to plaster. The opposite party was confronted with this position who consoled that every thing will be alright when the plaster is removed. It is further alleged by the complainant that when the plaster was removed on 23.12.1997, the complainant felt severe pain in moving the hand. The opposite party advised that everything will become normal after some time. According to the complainant, he consulted another Dr. V. V. Ray on 20.1.1998 who suggested for an operation on which the complainant spent Rs.15,000/-. In the opinion of Dr. Ray, plaster was done without setting the broken bones in their place. He also opined that the entire hand need not have been put under plaster. The complainant has claimed a compensation of Rs.1,05,000/-.

(3.) The opposite party in its written statement took the plea that after the plaster, fingers and hand were in normal position and the plaster was put upto of the arm. As the complainant has not taken care of the plaster, it was found on 23.12.1997 when the complainant came for the removal of the plaster that the entire plaster was broken on account of which bones did not unite. According to the doctor, he was not guilty of any negligence.