MASTER MANISH RAJPUT & ORS. Vs. THE ADMINISTRATOR SHETH SHRI PUKHRAJ RAICHAND GENERAL HOSPITAL AND ORS.

JUDGEMENT

(1.) These two appeals arise from a common order passed by the State Commission in a complaint filed by the complainant Master Manish Rajput (appellant in F.A. No. 258/2006) alleging medical negligence on the part of the opposite party Sheth Shri Pukhraj Raichand General Hospital and others (appellants in F.A. No. 281/2005).

(2.) Basic facts leading to filing the complaint were that on 4.1.1997, the complainant fell-down and sustained injuries, where after he was taken to Sheth Shri Pukhraj Raichand General Hospital, the first opposite party before the State Commission, at about 8.00 p.m., wherein, the second opposite party after examining him, prescribed certain medicines and injections. It was the case of the complainant before the State Commission in his complaint that on 5.1.1997, that the nurse administered two injections to the complainant on his right arm where after he developed blackening and swelling of the right hand, and, palm became cold, stiff and senseless, but he was not attended to. It was only on 6.1.1997 that the second opposite party saw the condition of the minor and advised shifting to V.S. Hospital, which was done. At V.S. Hospital he was diagnosed with gangrene and treatment was started. The complainant was operated upon on 21.1.1997 and his right hand was amputated. It was the case of the complainant that gangrene was caused on account of injections administered at the first opposite party hospital, leading to amputation of his hand. It is in these circumstances alleging a case of medical negligence a complaint was filed before the State Commission, who after hearing the parties and perusal of material on record, held the opposite parties guilty, allowed the complaint and awarded a compensation of Rs. 1,50,000/- with interest from the date of complaint till the date of payment alongwith cost of Rs. 5,000/- payable within 6 weeks from the date of order.

(3.) Aggrieved dissatisfied with this order, these Appeals have been filed before us. First Appeal No. 281 of 2005.