BAIKUNTH PD YADAV Vs. KUMAR SHEO SHANKER

JUDGEMENT

(1.) Both the appeals have been heard together as they arise out of the common order dated 25.2.2003 passed by District Forum, Bhojpur, Ara in Complaint Case No.179/2002. Appeal No.129/2003 has been preferred by O. P. No.1-Dr. Baikunth Pd. Yadav with a prayer to set aside the impugned order of the District Forum. Appeal No.196/2003 has been preferred by the complainant Kumar Sheo Shanker with a prayer to enhance the amount of compensation against O. P. No.1 and also to hold O. P. No.2 guilty of negligence and deficiency in service.

(2.) The complainant has filed the complaint with a prayer for grant of compensation of Rs.2,50,000/-, which includes cost of treatment, mental, physical and economic harassment and cost of litigation.

(3.) The brief fact of the complainant's case is that he got his hydrocele operated by Dr. B. P. Yadav-O. P. No.1 on 21.1.2000 in his clinic at Ara (Bhojpur ). His allegation is that O. P. No.1 performed the operation negligently and without getting any pathological or other tests prior to the operation. After operation of hydrocele, the bleeding from the operated part continued for which he contacted O. P. No.1 on several dates but of no help. According to him, the operation was not performed properly and it was deficiency in the service of the doctor. His further case is that when the bleeding did not stop from his hydrocele he contacted O. P. No.2 another surgeon Dr. Ramadhar Sharma. He again performed operation on his hydrocele but inspite of that the bleeding from the operated part of the hydrocele did not stop. He became weak due to regular bleeding for long period. He went Kurji Hospital at Patna where after investigation he was advised to go Sanjay Gandhi Post Graduate Institute at Lucknow and his case was referred there. The complainant went Lucknow, at Sanjay Gandhi Post Graduate Institute, he was treated for about three months, and there was improvement in his problem. He has further stated that he also went to AIIMS at New Delhi where there was thorough examination of the reason of bleeding from his operated part of the hydrocele. In this process, he had to spend a lot of money besides he suffered physical, mental and economic harassment for long period. He was the then student of the local college, Ara and there was a break in his studies. With these allegations, he claimed Rs.2,50,000/- from both the O. Ps.