UMED SINGH BERWAL Vs. SRIPAL

JUDGEMENT

(1.) This appeal has been filed under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as Act 1986) against the order dated 10.6.2002 passed by the District Consumer Disputes Redressal Forum, Hissar whereby while accepting the complaint filed by Sripal -complainant against the appellant -opposite party, a compensation amount of Rs. 25,000 has been awarded to the complainant along with interest @ 18% per annum with costs of Rs. 1,000, which the appellant is liable to pay within a period of 30 days from the date of order.

(2.) THE facts needs to be focussed briefly in order to settle the controversy raised in the present appeal. On 3.11.1996 the complainant felt pain in the back of his body. Thereafter in the company of his brother Ramesh Kumar, he visited the clinic of the appellant located in the village. The appellant had administered the injection in the vein of his left arm. He further assured the complainant that the pain would subside but the complainant continued to suffer from pain. During the night, the complainant again suffered severe pain in his body for which he approached the appellant and informed about it. The complainant also noticed that the nails of the fingers of his left hand had turned bluish. The appellant suggested to him that he should wash his left hand with hot water mixed with salt but the suggested treatment brought no improvement. His condition became serious. Thereafter, he was rushed to Civil Hospital, Hansi and got treatment from Dr. Kuldeep Singh, who referred the case of the complainant to Medical College, Rohtak. The complainant also took the advice from Gigal Devi Charitable Hospital, Hansi and the doctors of that hospital also suggested to the complainant to get the treatment at Rohtak Hospital. On 5.11.1996, he was taken to P.G.I.M.S. Hospital, Rohtak and was admitted. On 6.11.1996 the appellant visited the complainant in the hospital and assured him that he would bear the expenses of his treatment and also paid Rs. 1,800 to him. The complainant remained in the hospital upto 24.11.1996. During this period, the complainant had spent Rs. 15,000 on his treatment at P.G.I.M.S., Rohtak. Thereafter, the complainant continued to get treatment and had to incur another expenditure of Rs. 5,000 as he had to visit Rohtak for regular checkup. He has suffered disability of his left hand because of the injection administered by the appellant. It effected his earning capacity. He has also to support his blind father and mother, who is suffering from asthma. The complainant has also visited the Soni Nursing Home, Hissar for advice where Dr. Soni told him that he has to undergo amputation of his little, ring and middle fingers and artificial fingers would cost him Rs. 50,000. Under these circumstances, the complainant instituted the present complaint seeking compensation amount of Rs. 2 lacs on account of negligence and careless treatment given to him by the appellant and also sought direction to pay Rs. 50,000 for further treatment to be obtained by him.

(3.) THE District Forum on the basis of the pleadings of the parties and evidence adduced on record accepted the complaint and vide order dated 10.6.2002 awarded the compensation noticed earlier. Aggrieved by the said order the present appeal has been filed by the appellant.