GANGADHARAN Vs. K A ABDUL SALAM

JUDGEMENT

(1.) This appeal, against the order of District Forum, Idukki in O. P. No.52/1998 raises the question of liability of the opposite parties for alleged negligence in the medical treatment of the complainant. It raises the following facts.

(2.) The case of the complainant/respondent, as stated in the complaint was that, when pain developed on his right middle finger he approached the S. N. Hospital, Murikkassery, owned and run by 1st and 2nd opposite parties and was treated as an outpatient on 24.4.1997. Local anaesthesia was applied by opposite parties which resulted gangrene. Therefore, he consulted Dr. K. V. George, Dermatologist of Taluk Head Quarters Hospital, Thodupuzha who in turn removed the dead tissues from the finger end; the finger is now out of shape, out of use which resulted in discontinuing his profession as a driver.

(3.) Learned Counsel for the appellant contended that the District Forum arrived at the conclusion on mere conjectures and surmises since the complainant has not produced any evidence to show that the opposite parties administered anaesthesia with adrenaline which alleged to have resulted in the deformity of the complainant; whereas Ext. B1 clearly shows the medicines prescribed by the opposite parties.