T R SRINIVASA MURTHY Vs. RUDRARADHYA

JUDGEMENT

(1.) For the sake of convenience, the parties in this Order are referred to according to their position in the Complaint filed before the District Forum.

(2.) This appeal is by the opposite party (for short, "op") No.1 challenging the Order of the District Forum allowing the complaint of the complainant in part.

(3.) The facts in this case are as follows: the complainant was got admitted to OP-2 Hospital on the complaint of back-pain on the advice of OP-1 for treatment. OP-1 after examining the C. T. Scan advised the complainant to undergo an operation of "l. S. Spine Disc". Thereafter, OP-1 conducted the operation on 21.12.2001. The grievance of the complainant is that after the operation he lost control over both his limbs and he was not having any sensation below his waist. Thereafter, OP-1 referred the complainant to Bhagwan Mahaveer Jain Hospital and in the said Hospital, he underwent a second operation. After discharge from the Bhagwan Mahaveer Jain Hospital, the complainant had taken treatment in Bangalore Kidney Foundation from 20.2.2002 to 26.2.2002. According to the complainant, since there was negligence on the part of OP-1 while conducting the first operation, he was made to suffer physical injuries. For this, the complainant filed the complaint before the District Forum claiming compensation from the OPs.