KHARAITI LAL Vs. KEWAL KRISHAN

JUDGEMENT

(1.) Having failed before the District Forum, the complainant is in appeal. Kharaiti Lal claimed Rs.6 lacs as compensation from the opposite party Dr. Kewal Krishan of Abohar. Since the claim was inflated the complaint was ordered to be returned to be filed before the District Forum. Subsequently the complaint was tried before the District Forum, Ferozepur.

(2.) Kharaiti Lal had abdominal pain and consulted the opposite party on December 9, 1994. The doctor administered injection containing four medicines namely Fortawin, Calmpose, Anafortan and Norphen. Due to negligence, the injection was administered in the artery instead of the vein. There was severe pain felt by the complainant. In spite of that the complete injection was administered. The complainant went to Civil Hospital and consulted Dr. Vinod Pal Sethi, who opined that this was on account of negligently administration of the injection and his fingers were to be amputated. Similar advice was given by Dr. Lal Chand Thakral also of the Civil Hospital. Subsequently, the complainant was admitted in Christian Medical College and Hospital, Ludhiana on December 13, 1994 and discharged on December 22, 1994. He was again admitted in the same Hospital on March 2,1995 and discharged on March 4, 1995. His fingers were amputated. He gave the details of the expenses incurred on the treatment in the aforesaid hospital, which amounted to Rs.70,000/-. He also gave details of other expenses incurred on journey etc. In all, he claimed Rs.4.50 lacs on account of mental and physical tension and a sum of Rs.1.50 lac on account of expenses incurred. On notice of the complaint, the opposite party submitted its version taking up preliminary objections regarding maintainability of the complaint as well as on merits. It was denied that he had administered injection, For other matters, the complainant was put to proof. The complainant filed a replication reiterating his stand taken up in the complaint. Both the parties produced their evidence on affidavits and documents. The District Forum held that the complainant had failed to lead any cogent evidence to establish that the damage was due to the negligence of the opposite party. Hence, the complaint was dismissed on December 10,1996.

(3.) During the pendency of the appeal, an application was filed on behalf of the complainant to record statement of Dr. Mohan Varghees, a doctor from CMC. The application was also allowed and the statement of the doctor was recorded, who was cross examined by the opposite party. We have heard learned Counsel for the parties and we have also gone through the record.