STATE INSURANCE AND P F DEPTT Vs. PARMALI

JUDGEMENT

(1.) Aggrieved and dissatisfied by the Order dated 15.1.2001 passed in F.A. No. 887/1997, by the State Consumer Disputes Redressal Commission, Rajasthan, Mr. Sultana Ram, petitioner-complainant has come up in revision before this Commission. Submissions :

(2.) Learned Counsel for the revision petitioner submitted that the complainant had undergone five operations on 2.3.1996, 15.3.1996 and 1.4.1996 in the nursing home run by respondent No. 1, Dr. B.K. Chawla, and subsequently at Panipat on 16.4.1996, and, thereafter at Government Hospital, Jaipur in May 1996. This is all due to sheer negligence of respondent No. 1, Dr. B.K. Chawla, and respondent No. 2, Dr. Vijay Kalra. It is submitted that the complainant suffered from acute pain in the abdomen due to stone in his kidney. Through X-ray and sonography, it was detected as a staghorn calculus. He submitted that this can be cured by three methods including traditional surgery for removing the stone.

(3.) Though the second and third methods are more spohisticated and less painful, Dr. Chawla opted the first method, i.e., traditional surgery. The operation was performed in Dr. Chawla's nursing home at Hanumangarh, by Dr. Kalra, in the presence of Dr. Chawla. Due to the negligence of the doctor, there was a long incision and puss was oozing out, which created a lot of pain and complications; as a result of which the patient had suffered a lot and had taken three months' leave. He further submitted that Dr. Chawla did not want the patient to go to any other doctor, as the operation was performed in his nursing home.