AJAY GUPTA Vs. DR. PRADEEP AGGARWAL AND OTHERS

JUDGEMENT

(1.) This First Appeal is arising out of Complaint No. 41 of 1999 decided by the State Commission, Chandigarh by order dated 4-6-2002 whereby complaint against Dr. Pradeep Aggarwal and others was dismissed. Aggrieved by the order Complainant Ajay Gupta has filed this Appeal. Brief facts of the case are:

(2.) Shri Ajay Gupta was working as Senior Sales Executive in E. L. F. Lubricant India Ltd. He was 28 years old and drawing a salary of Rs. 20,000/- per month. The car in which he was travelling met with an accident at 9.00 p.m. on 18-5-1998 and he got injuries on his left upper arm at humerus bone. He was taken to Chawla Nursing Home, Mohali and was given first aid and Dr. Chawla applied the plaster on full arm to keep it in a straight position. Dr. Chawla after applying the cast asked the appellant to check movement of his hand, wrist and fingers which were found to be in good working order. Thereafter, appellant was taken to his home at Chandigarh where he had proper sleep.

(3.) On 19-5-1998 on the advice of his friends and relatives, the appellant contacted Dr. Pradeep Aggarwal, respondent No. 1, who was running a clinic - Bone and Joint Surgical Centre at Chandigarh. Dr. Aggarwal took the x-ray of the appellant of his left upper arm and told the appellant that it was a serious fracture which was required to be corrected by applying internal metal plate to give support at the fractured site through surgical operation. On his advice, the appellant admitted in Verma Maternity Centre and Nursing Home, which was being run by Dr. D. S. Verma, Anesthetist, respondent No. 2 on 19-5-1998 at around 11.00 a.m. After administering anesthesia by Dr. D. S. Verma, surgery was performed by Dr. Pradeep Aggarwal, who was assisted by Dr. Salil. The operation was started at 3.00 p.m. and completed at 8.30 p.m. After the operation, appellant was shiftedr to a private room of the Nursing Home.