S N SINGH Vs. DEVENDRA SINGH

JUDGEMENT

(1.) Both the above appeals are being decided together in asmuch as they arise out of same judgement and order rendered by the Jharkhand State Consumer Disputes redressal Commission, (for short, 'the State Commission') in complaint case no. 09/2004. The State Commission held that Bokaro General Hospital (BGH) and Dr. S. N. Singh, who were original opposite parties, were jointly and severally liable to pay compensation of Rs. 10 lakh to complainant, Devendra Singh, alongwith cost of Rs. 5,000/- on account of medical negligence committed by them. Feeling aggrieved, the Hospital has preferred FA No. 301 / 2005 whereas Dr. S. N. Singh has preferred FA No. 237 / 2005.

(2.) Originally, respondent no. 1 (complainant), Devendra Singh had filed the complaint against, in all, seven opposite parties. The averments made in the complaint were that all of them were jointly and severally responsible for erroneous medical treatment, which ultimately resulted into amputation of his left leg. The names of original OP Nos. 3 to 7 were deleted during course of the proceedings. The complaint of Devendra Singh, was, therefore, restricted only as against the present appellants.

(3.) Shorn of unessentials, the case of the respondent no. 1, Devendra Singh is that he met with an accident due to fall from his scooter while crossing a road. He was rushed to the Bokaro General Hospital (BGH) immediately after the incident on 26.11.1999. At the BGH, Dr. S. N. Singh attended him. His left leg was put under plaster because the x-ray examination revealed fracture of both the bones of left leg. In the night, after he was discharged from the hospital, he suffered pains. On consultation, Dr. S. N. Singh, orally advised him to seek opinion from expert and referred him to Dr. Kailash Prasad of Sharda Clinic at Dhanbad, i. e. , original opposite party no. 3. On next date, i. e. , 27.11.1999, he approached Dr. Kailash Prasad at Sharda Clinic at Dhanbad. The plaster was removed and thereafter the left leg was re-plastered. He was advised to go to higher centre for further treatment because it was suspected that there was onset of gangrene in the left leg. He went thereafter to Lansdowne Nursing Home at Kolkata and from there to Woodlands Hospital, Kolkata. His left leg was amputated on 11.12.1999 below the knee and again remaining part above the knee was amputated on 13.12.1999. He incurred heavy expenditure and suffered agony and pains. According to him, he became crippled due to medical negligence of the appellants and hence sought compensation of Rs. 28,81,531.40ps. from them.