TARUN GARG Vs. R.K. GUPTA

JUDGEMENT

(1.) The Complainant Mr. Tarun Garg, met with a road accident in Solan (HP) on 1/5/2006 afternoon at about 2 p.m. and got first aid there. On the next day Dr. R. K. Gupta, the OP at East Delhi Orthopedic Trauma Centre, performed a surgery for fixation of fracture Humerus of his left arm. The surgery went on for five hours. Alleging negligence on the part of OP that he used highly inferior and substandard implants, which resulted in complication in the recovery of the Complainant, hence, the complainant filed a complaint before the District Consumer Disputes Redressal Forum, (in short, 'District Forum') claiming a sum of Rs.8,00,000/- towards the cost of expenditure, suffering mental agony and trauma.

(2.) The OP contested the case and denied any negligence. The District Forum on the basis of opinion from Department of Orthopedics UCMS and GTB Hospital ,held the OP for minor medical negligence, and directed the OP to pay Rs.30,000/- along with cost of litigation Rs.5,000/- to the Complainant.

(3.) Subsequently, First Appeal No. 10/49 by OP, Dr. R. K. Gupta for dismissal of complaint, and another First appeal No.09/899, by complainant for enhancement of compensation, were filed. The State Commission, Delhi allowed the FA 10/49 and dismissed FA 09/899.