ADMINISTRATOR Vs. MASTER SHIVARAJ & SHIVAKUMAR

JUDGEMENT

(1.) THE complainant, Master Shivaraj (patient) was diagnosed as a case of undescended testes at the age of six months. Both the testes were located in inguinal ligament measuring about 1.8 x 0.8 cms and 1.7 x 0.9 cms in size. Thereafter, the patient was referred to KLE Society's Hospital/OP 1, for consultation with the OP -2, a Pediatric Surgeon, Dr. Vijay C. Pujar, who advised B/L Orchidopexy surgery, by which the testicles could be brought in each scrotums. On 15.7.2004, after consent, only for Orchidopexy, the OP 2 performed diagnostic laparoscopy and further done B/L inguinal exploration and orchiectomy. Thus, it was alleged that, the OP -2 removed both the testicles of the child, without the consent of the parents. Therefore, normal life of the child got affected. It was negligence committed by OP 2. Therefore, a complaint was filed by the child through his father, before the District Consumer Disputes Redressal Forum, Belgaum (in short District Forum) and prayed for compensation of Rs.15,00,000/ -, including the costs of the proceedings.

(2.) THE District Forum allowed the complaint and directed the OPs to pay jointly and severally Rs. 3 lakhs, along with costs of Rs.10,000/ - to the complainant.

(3.) AGGRIEVED by the order of District Forum, the OP filed an appeal before Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, 'State Commission'). The said appeal was dismissed. Hence, this revision petition has been filed.