PANKAJ Vs. TAYTYA

JUDGEMENT

(1.) This Revision Petition by the Opposite Party (hereinafter referred to as "the treating Doctor") is directed against the order, dated 05.08.2014, passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai Circuit Bench at Aurangabad (for short "the State Commission") in First Appeal no.06 of 2009. By the impugned order, the State Commission has affirmed the order, dated 04.08.2012 passed by the District Consumer Disputes Redressal Forum, Ahmedanagar (for short "the District Forum") in original Complaint no.220 of 2002. By the said order, the District Forum had partly accepted the Complaint filed by the Respondent, against the treating Doctor, a practicing Homeopath, and held him negligent and deficient in service for prescribing Allopathic medicines and giving injection to the Respondent. Consequently, the District Forum had directed the treating Doctor to pay to the Respondent/Complainant a sum of Rs.3 Lac towards expenses incurred by him on treatment and medicines; Rs.6,75,000/- as compensation for loss of his left leg and one of the testis; Rs.20,000/- as compensation towards mental agony suffered by him, along with interest @ 10% p.a. from the date of filing of the Complaint till realization and Rs.5,000/- towards cost of litigation.

(2.) On 22.06.1999, the Respondent, a 17 years old boy at the relevant time, complaining of high fever, consulted the treating Doctor, running his Homeopathy clinic under the name and style of "Matoshri Clinik" at Village Reshin, District Ahmedabad. On examination, he prescribed certain Allopathic medicines and administered an injection in the gluteal region of the Respondent. On the following day, some swelling and black spot was noticed at the place of injection with severe pain around it. On 24.06.1999, the Respondent again approached the treating Doctor who, after examining him, applied some ointment on the swollen part and referred him for further treatment to Dr. Nazarikar, who further referred him to Dr. S. V. Swami, both practicing medicine at Baramati. He was given some medicines and was referred to Dr. Patki at KEM Hospital, Pune. He was admitted in KEM Hospital on 25.06.1999. Immediately, a surgical procedure was performed to drain out tusciotomy. On further examination it was detected that there was septic and gas gangrene in his left leg, where the injection was administered. To save life, he was advised amputation of the left leg and one of the testis. Accordingly, on 28.06.1999, surgery was performed and Respondent's left leg was amputated and one of the testis was removed.

(3.) Alleging negligence on the part of the treating Doctor, the Respondent filed the Complaint before the District Forum, inter alia, praying for a compensation of Rs.18,30,000/- along with litigation expenses. As noted above, the District Forum allowed the Complaint with the aforenoted directions. Being unsuccessful before the State Commission, the treating Doctor is before us in this Revision Petition.