SUBRAIA KUMAR GHOSH Vs. ADIT DEY

JUDGEMENT

(1.) This is an appeal by the complainant praying for enhancement of the amount of compensation. It appears that the Forum awarded a total compensation of Rs.15,000/- against the O. Ps. The O. Ps. who are respondents here have chosen not to appear and contest the appeal. Therefore, the sole point for consideration is, whether the facts and circumstances of the case justify enhancement of the amount of compensation.

(2.) The petitioner met with an accident on 2.3.1997 and received injury in the great toe of the right leg. He was taken first to the Baranagar State General Hospital where the doctor advised him to consult any Surgeon. The petitioner went to Mayfair Nursing Home for consultation with the Surgeon. There O. P. made surgical operation and amputated the right great toe of the complainant. The O. Ps. collected operation charges and other incidental charges for the treatment. He was discharged from Nursing Home On 10.3.1997 and thereafter, he attended the Nursing Home on several occasions for dressing and further treatment. But the wound did not heel up. The petitioner felt severe pain after dressing and so he approached another doctor namely, Dr. S. Patra attached to Central Nursing Home who found on examination Gangrene over the injury. He operated the wound further and detected dead tissue, nail and old iron piece etc. He opined that there was no necessity to amputate the great toe. After treatment he came round but he lost the great toe because of negligence on the part of O. P.

(3.) The O. Ps. did not turn up to contest the case before the Forum. So also they do not contest the appeal. It appears that the Forum has elaborately discussed the materials on record and came to the clear opinion that there was definitely negligent act on the part of the O. Ps. So, the Forum awarded a sum of Rs.5,000/- as compensation to cover the medical expenses and Rs.10,000/- for the physical troubles and mental injury suffered by the petitioner during the period of treatment. According to the appellant who was the petitioner before the Forum the amount of compensation is quite meagre and insufficient and not based upon sound reasoning and so he claims enhancement of the amount of compensation. As already indicated a total sum of Rs.15,000/- was awarded as compensation including the cost of treatment. It appears that the Forum in its wisdom was pleased to award a sum of Rs.10,000/- as compensation for physical and mental trouble. We are not inclined to disturb the finding of the Forum. In our view, the amount of compensation as awarded is just and sufficient. Therefore, the appeal fails and is dismissed on contest. The order passed by the Forum regarding cost also stands.