B S HEGDE Vs. SUDHANSU BHATTACHARYA

JUDGEMENT

(1.) THESE are two cross appeals against the order dated 29th May, 1992 of the State Commission of Maharashtra in Complaint Case No. 140 of 1991 on the file of that Commission.

(2.) SHRI Hegde, the appellant in First Appeal No. 243 of 1992 was the complainant before the State Commission and Dr. Bhattacharya, the respondent in First Appeal No. 243 of 1992 and appellant in First Appeal No. 265 of 1992 was the opposite party before the State Commission. It was alleged in the complaint that the complainant underwent an open-heart by-pass surgery performed at the Bombay Hospital in November, 1990 which surgical operation was performed by the Opposite Party and that despite his having paid an amount of Rs. 40,000/- to the Opposite Party for post operative care, the Opposite party did not give him the requisite care and attention and that because of the said deficiency in service on the part of the Opposite Party the complainant was put to unnecessary physical suffering as well as mental agony and harassment. On these grounds the Complainant approached the State Commission with a claim for recovery of a compensation of Rs. 2.00 lakhs from the Opposite Party. The parties will hereinafter be referred to as complainant and opposite party.

(3.) FOR the operation and other services, the complainant paid to the hospital a sum of Rs. 38,665/- as operation charges and Rs. 13,081/- as service charges. The share of the opposite party Dr. Bhattacharya in the fees paid to the hospital for performing the coronary by-pass surgery was only Rs. 1,500/-. For the post operation care and treatment for a period of three months the complainant paid Rs. 40,000/- to the opposite party by cheque on 16th November, 1992. The complainant was discharged from the hospital on 19th November, 1990.