SAVITA SUNEJA Vs. R.S.OBEROI

JUDGEMENT

(1.) The Matter in the present proceedings arises from an incident of 18.12.2004. The Complainant, Mrs. Savita Suneja had fractured her left arm in a fall. She was treated at Bir Nursing Home by OP-1/Dr. R.S.Oberoi. The case of the Complainant was that she was wrongly diagnosed to have suffered communited fracture of the ulna, while it was actually a case of 'Monteggia (fractured Ulna and dislocation and fracture of radial head (variant)'. For such a fracture with dislocation, the only remedy was anatomical repositioning by open reduction and internal fixation of ulna. Allegedly, failure on the part of OP -2 to do so resulted in permanent disability in her left arm, affecting her normal functioning.

(2.) The District Forum allowed the complaint and awarded compensation of Rs.2 lakhs, together with cost of Rs.10,000/- . The State Commission Delhi agreed with the finding of the District Forum and held that it was a case of medical lapse due to wrong diagnosis. However, the Commission reduced the awarded compensation of Rs.2 lakhs to Rs.1 lakh on the ground that there was no evidence as to the percentage of disability suffered by the Complainant.

(3.) The above order of the State Commission has been challenged by both sides. RP No. 1725 of 2007 has been filed by the Complainant against reduction of the quantum of compensation. RP No.2434 of 2007 is filed by the OPs challenging the concurrent finding of medical negligence against it. We have carefully perused the records and heard Mr. R.L. Suneja, Advocate for Mrs. Savita Suneja and Dr. Susil Kumar Gupta, Advocate for Dr. R.S.Oberoi and another.