(1.) Gursewak Singh aged 16 years passed Matricu lation in March 1993 and was a student of XI class. On 17.8.93 he was suffering from fever and he went to the clinic of the respondent at Mohali alongwith his father, elder brother and one family friend Sh. Randhir Singh at about 12.30 p. m. The respondent administered one injection in his right hip. Subsequently the complainant came to know that it was an injection of Novalgin. In the evening the right hip of the complainant developed severe pain and when the respondent was again contacted he assured that there was nothing to worry and should continue the medicines prescribed. On the following day i. e.17.8.93 the complainant was taken to General Hospital, Sector 16, Chandigarh where after initial treatment the complainant was shifted to P. G. I. Chandigarh with the object to save his life but the right leg of the complainant had to be amputated from hip joint on 2.9.93. He remained admitted in the P. G. I, from 19.8.93 to 19.11.93 and even now he is an outdoor patient. The complainant was quite good in his studies and a sportsman. The father of the complainant was employed in E. S. I. Corporation at Chandigarh and he was required to spend Rs.70,000/- on the treatment of the complainant and 90% impairment has been alleged on account of negligence of the respondent.
(2.) The respondent did appear and file a reply. It has been denied that the complainant was brought to his clinic or that he was administered an injection of Novalgin. It has further been averred that the complaint has been instituted only to ruin the reputation of the respondent medical practitioner. It was also averred that the complaint was not maintainable.
(3.) The complaint is supported by the affidavits of Seetal Singh, father of the complainant, Kamaljit Singh, elder brother of the complainant and Randhir Singh, a neighbour of the complainant. The respondent has not filed any affidavit in support of his plea of total denial. The complainant has placed on record copies of the treatment which he received in the P. G. I, after reference from the General Hospital. Sector 16, Chandigarh where the complainant was declared a patient of gangrene as a consequence of injection of Novalgin administered by the respondent. Besides the affidavits of Seetal Singh, father of the complainant, Kamaljit Singh, elder brother of the complainant there is also an affidavit of Randhir Singh an independent witness that Gursewak Singh while suffering from high fever was taken to the clinic of Dr. Jaskaran Singh in Guru Nanak Colony, Union territory, Chandigarh at about 12.30 p. m. on 17.8.93 and Dr. Jaskaran Singh administered an injection in the right hip of Gursewak Singh. He further deposed in this affidavit that the condition of the right leg deteriorated and he was taken to General Hospital, Sector 16, Chandigarh, thereafter he was shifted to P. G. I. Chandigarh where his right leg was amputated from the hip joint. The out-door ticket No. CR 12107 of 19.8.93 of General Hospital shows that the patient was admitted with an injection abscess and some cleaning was performed and he was referred to P. G. I. The out patient ticket of the P. G. I. Chandigarh dated 17.8.93 shows that on examination it was found to be a case of gangrene. Mr. Seetal Singh, father of the patient gave his consent for major operation such as amputation at the hip joint. It was actually performed on 2.9.93. There is a certificate which shows that an expense of Rs.8,731.20 was incurred on the treatment and a wheel chair valued at Rs.1,850/- was purchased on 6.5.94, according to the cash memo placed on record.