MEHERNOSH KERSI KHAMBATTA Vs. VENKATRAMA NURSING HOME

JUDGEMENT

(1.) Shri M.K.Khambatta filed this original complaint in November 2000. The complaint is against Venkatrama Nursing Home, Vishakapatnam (OP-1), its proprietor Dr. A. Dayasagar (OP-2) and Dr. C. Dharma Rao, the Orthopedic Surgeon of the Nursing Home (OP-3).

(2.) Proceedings before this Commission show that OP-3, having failed to respond to the notices from the Commission, was set ex-parte on 12.5.2003. In 2009 the Commission was informed that OP-3 had passed away and therefore, the Complainant was directed to bring LRs of OP-3 on record. Notices were subsequently issued to them but elicited no response. In between, the Commission considered the request of both parties to cross-examine each other. Accordingly, on 26.8.2004, Mr. Ravi Kumar Addl. District Judge (Retd.) was appointed as the Local Commissioner to record evidence. The Local Commissioner has recorded the two cross-examinations on 15th and 16th December, 2004, which are available in Part II of the record of this case.

(3.) The case, as seen from the complaint petition and the affidavit evidence of the complainant, is that the Complainant, an employee of M/s. Tata Iron and Steel Company Limited. (TISCO) Jamshedpur, was travelling by train through Vishakapatnam on 24.1.1998. While walking on the platform at Vishakapatnam station, Complainant's left leg suddenly snapped from the tibia. He could not even stand and fell down. He was taken to the Railway Hospital, who advised him to consult some nursing home, as the Railway Hospital did not have the required infrastructure. The Complainant was admitted to OP-1 Nursing Home and was assured best possible treatment by OP-2. He was attended to by OP-3 /Dr. C. Dharma Rao, who advised him to undergo a corrective surgery for proper reunion of the bone. The operation was performed by OP-3 on 25.1.1998 in OP-1 Nursing Home. He was discharged on 9.2.1998 and was advised by OP-3 to take the post-operative care and treatment at Tata Memorial Hospital in Jamshedpur. The Complainant became medically fit and resumed his duties on 21.4.1998.