PAWAN BANSAL Vs. DARSHAN SINGH

JUDGEMENT

(1.) Both these appeals one by opposite party No.1 Dr. Pawan Bansal and other by opposite party No.2-New India Assurance Company Ltd. have been directed against order dated 10.10.2000 passed by Consumer Disputes Redressal Forum, Mansa (hereinafter to be referred as District Consumer Forum) in complaint case No.209/9.7.1996 whereby complaint of Darshan Singh was accepted and he was awarded compensation of Rs.2,44,800 and Rs.10,000 as legal expenses. Since, he had received Rs.45,000 as compensation, so, Dr. Pawan Bansal as well as New India Assurance Co. Ltd. were directed to pay balance amount along with interest @ 12% p. a. from the date of complaint till payment. Both OPs were held liable to make payment jointly and severally.

(2.) Briefly stated the facts are that Darshan Singh, respondent (complainant) is an agriculturist by profession. On 5.3.1996 he was cultivating fields with his tractor at village Barnala and all of sudden, the tractor turned turtle and he suffered fracture in his left arm. He was got admitted by his brothers in Barnala Nursing Home of Dr. Pawan Bansal who performed operation upon his left arm and a nail was inserted in it. However, due to his negligence pus developed in the arm and then severe pain occurred. He remained admitted there till 14.3.1996 but could not get any relief and there was every possibility about the development of gangrene and thereby necessitating amputation of left arm. He was discharged by Dr. Pawan Bansal on his request and he got admitted in Civil Hospital, Mansa where Dr. Ashok Kansal, surgical specialist told that pus had developed in his arm due to negligence of operating doctor. He removed the affected old nail by operation and inserted a new nail on 15.4.1996 and was discharged on 16.4.1996.

(3.) It was next averred that although strenuous efforts were put by the Surgeon, Civil Hospital, Mansa, yet his left arm became totally unfit for doing any work and this happened due to negligence of Dr. Pawan Bansal.