SENTHIL ANDAVAR INDUSTRIES Vs. TAMIL NADU INDUSTRIAL INVESTMENT

JUDGEMENT

(1.) This is an appeal filed against the order dated 1.3.1999 passed by the Calcutta District Forum Unit-I in the Forum Case No.1603/97. The present appellant was the OP-4 before the Forum whereas the present respondent-1 was the complainant. The other respondents were also OPs. Before the Forum but against those OPs. The Forum did not pass any order. The order was passed only against the OP-4 who has come in appeal.

(2.) The complainant's case has been described in detail in the impugned judgment and it is not really necessary to repeat the same fully. Very briefly speaking, the major complaints of the complainant were as under : (1) There was obvious fault on the part of OP-4 inasmuch as he could not do justice in observing his commitment for prompt operation which would not be time-consuming. Rather the complainant had to put up with serious troubles so that his life was at stake. The post-operational treatment was half-hearted and the complainant had to remain in the nursing home for about 4 weeks incurring avoidable expenses. (2) There was clear and unambiguous deficiency in medical service and utter negligence in rendering operational and post-operational services on the OPs. (3) Had there been no deficiency in the medical services on the part of the opposite parties the complainant might have been spared incurring medical expenses in the form of consultation with other physicians, purchase of medicine, admission into another nursing home and purchase of blood.

(3.) The complainant filed the case before the Forum, with the prayer for award of compensation of Rs.1, 12,275 for deficiency in rendering medical service to the complainant.