ANUP KUMAR KAR Vs. DEBAPI ROY

JUDGEMENT

(1.) The case of the Appellant/Complainant before the State Commission was that on 24.9.1994 his 15 year old son had fallen from a bicycle and injured his right forearm. The Appellant took him to the Respondent/ Opposite Party, Dr Debapi Roy who, after taking an X-ray, found that both the bones of the forearm were fractured. Thereafter, the respondent put plaster cast on the limb and assured full recovery within 6 weeks. On 6.11.1994, a check X-ray was taken in which angulation in marked degree in the bone structure was revealed requiring conservative manipulation to the deformed union. Respondent did a second plaster on 9.11.1994. Subsequently, on 13.11.1994, after examining the patient, respondent/OP told the appellant that no check X-ray was required.

(2.) The appellant/complainant, dissatisfied with the attitude of the respondent, got a fresh check X-ray done on 20.11.1994 wherein further angulation of the bone was noticed. The appellant took his son to Dr. B. K. Chakraborty at Kolkata who advised him to consult Dr. A. Mallick on 27.11.1994. Dr. Mallick, after examination, found that the the plaster cast put twice, had tended to make it bow-shaped and could have lead to gradual withering of the arm because of stiffening of the joints. Therefore, immediate corrective surgery was advised. This surgery was performed on 5.12.1994, fixing steel plates and screws on the broken bones.

(3.) Alleging negligence on the part of the respondent, appellant filed the complaint before the State Commission claiming Rs.50,000/- as reimbursement of the entire medical expenses Rs.10 lakh towards compensation and damages, further compensation of Rs.2,50,000/- for physical and mental torture; together with Rs.10,000/- towards costs. The State Commission allowed the complaint and awarded compensation of Rs.50,000/- and costs of Rs.5,000/- in favour of the appellant/complainant. The complainant has now filed the present appeal, seeking enhancement of compensation, as per his claim in the complaint.