PREM LUTHRA Vs. IFTEKHAR

JUDGEMENT

(1.) This is an appeal against the order dated 9.9.2003 passed by the District Forum, Hardwar whereby the complaint of the complainant Sh. Iftekhar was allowed for a sum of Rs.75,000/- (Rupees seventy-five thousand) as cost of medicine and compensation along with cost of litigation of Rs.1,000/- (Rupees one thousand ).

(2.) The order under appeal was passed by the major Bench of the Forum consisting of President of the Forum and one Member while Sh. Manoj Kumar Goyal, another member gave a dissenting order by which he propounded that the complaint should be dismissed. However the majority view is the view of the Forum, therefore, the opposite party Dr. Prem Luthra filed the present appeal.

(3.) The brief facts of the case are that Sh. Iftekhar filed a complaint before the learned Forum with the allegations that he had got pain in the paw of his left leg. On 16.6.2001 he went at the nursing home of Dr. Prem Luthra, Luthra Nursing Home who examined the complainant after charging a fee of Rs.50/- (Rupees fifty ). He advised for the X-ray of the affected portion and after deposit of Rs.80/- (rupees eighty) the X-ray was done. The X-ray was not clear. Therefore, he advised for another X-ray. On payment of Rs.80/- (Rupees eighty), it was again done and after examination of X-ray, he told that there was fracture in the leg. He said that he has to be operated upon. The treatment went on for 15 days. The doctor charged Rs.50/- (Rupees fifty) per day. There was also blood test for which Rs.150/- (Rupees one hundred fifty) were taken. On 9.7.2001 the opposite party admitted the complainant in the nursing home for operation and charged a sum of Rs.6,000/- (Rupees six thousand ). On the next day there was operation and a steel rod was kept in the paw. It is said that the operation was not done by stylized instruments and the doctor did not take proper care and attention in the operation. The complainant was discharged and he was called regularly. After 20 days after the injuries were filled in, the plaster of the paw of the leg was done and Rs.650/- (Rupees six hundred fifty) were charged. After the plaster the complainant went to the doctor for months. A frame was tied for which a sum of Rs.500/- (Rupees five hundred) was charged by the doctor. After the frame the complainant could not even move. After about 2 months the plaster was cut down and a fee of Rs.200/- (Rupees two hundred) was charged. After 15 days of removal of plaster, the rod was removed for which a sum of Rs.500/- (Rupees five hundred) was charged. Even after taking out the rod pain of the complainant persisted. The doctor assured that it shall vanish. He used to charge Rs.500/- (Rupees five hundred) for medicines. On 11.10.2001 the complainant went to Shardhanand Charitable Hospital, Kankhal, Gurukul Kangri where he was examined. The doctor informed that there was no need of operation, the operation has been done unnecessarily. On 26.11.2001 the complainant got the X-ray in Ratan Bharat Diagnostic Centre, Hardwar who informed that the bone of the paw is week. He advised to get the treatment of Dr. Mukesh Jain of Muzaffarnagar. On 26.12.2001 the complainant went to Dr. Mukesh Jain who advised for the C. T. Scan of the paw. The complainant got the C. T. Scan on 5.1.2002 at Jeevan Prakash Hospital, Muzaffarnagar. The complainant got himself examined by Dr. S. U. Khan who told that the bone has been totally damaged. The complainant again consulted Dr. Mukesh Jain who confirmed the view of Dr. S. U. Khan. On 30.1.2002 the complainant met Dr. J. N. Sinha of Roorkee who advised for X-ray and in this X-ray also the bone was found to be totally damaged. It is alleged in para 18 of the complaint that operation was done by the doctor after misrepresenting the facts and he was careless and negligent in the operation due to which the complainant has become permanently disabled. On these grounds the complainant filed the complaint.