(1.) This is one of the unfortunate cases of a young boy died after operation consequent upon the alleged negligence of the appellant in course of operation of the stomach of the patient which reason is vigorously and seriously challenged, but at the same time stoutly denied by other side.
(2.) The opposite party in complaint case No.157/1998 on the file of the District Forum, Dhanbad is the appellant before us, who has challenged the legality and validity of the order dated 21.9.2001 passed by the District Forum, Dhanbad, whereby the appellant has been directed to pay a sum of Rs.3 lakhs by way of compensation to the complainant/respondent.
(3.) Shortly stated the case of the complainant is that the appellant running a Nursing Home, known as Popular Nursing Home, Toraphatak Road, Dhanbad. It is alleged that the son of the complainant was admitted in April, 1998 with a simple complaint of pain in his abdomen. The appellant being a Surgeon, has examined the patient and opined that there has been obstruction in his abdomen due to intestinal knot. On instruction, the patient was first operated upon on 4.4.1998, but inspite of the operation, the condition of the patient did not improve and, accordingly, the second operation was performed on 16.6.1998 since the stool was coming out from the very place where operation was conducted. It is alleged that there was third hole in the small intestine, which was not closed at the time of first operation due to negligence and laches on the part of the appellant. It is alleged that the complainant had to pay about Rs.84,000/- for operation including other charges. It is alleged that the petitioner remained in the Nursing Home of the appellant w. e. f.2.4.1998 to 27.6.1998 and during this period, the condition of the patient started deteriorating. On the allegation aforesaid, the complaint petition was filed against the appellant on 7.7.1998 claiming compensation to the tune of Rs.98,758.30 ps. During the pendency of the said complaint petition, the complainant's son died on 5.10.1998. Accordingly, the amendment petition was filed claiming a compensation of Rs.5 lakhs against the appellant.