LALIT MOHAN SHARMA Vs. BRAJ KISHORE SHARMA

JUDGEMENT

(1.) Petitioner was the opposite party before the District Forum, where the respondent/complainant has filed a complaint alleging medical negligence on the part of the petitioner.

(2.) Very briefly stated the facts leading to filing the case were that the Respondent/Complainant took his son suffering from diarrhoea to the Petitioner on 21-9-95 wherein he administered water of Isolyte P-01, upon which the hand of the child started blackening spreading to his fingers, as a result of which the movement of his fore-arm and fingers became restricted. In this situation, the complainant got his son examined by Dr. Binod Kumar Singh and Dr. Purnendu Ojha was also consulted. When no improvement was being noticed. the child was taken to Janaksheela Nursing Home, where his right hand, below elbow, had to be amputated. It was the case of the complainant that the child has become handicapped for his whole of life on account of medical negligence on the part of the petitioner. It is in these circumstances, a complaint alleging medical negligence on the part of the petitioner Doctor, was filed before the District Forum.

(3.) It is very sad to note that in his written version the petitioner initially denied having given any treatment except prescribing certain medicine as per prescription. Any medical negligence on his part is denied as according to him he did not administer the water Isolyte. The District Forum after hearing the parties and perusal of material on record, including the evidence advanced by the parties, allowed the complaint and directed the petitioner to pay a compensation of Rs.50,000.00. Both the parties filed appeals before the State Commission. While the State Commission dismissed the appeal filed by the petitioner and allowed the appeal filed by the complainant to the extent that amount of compensation was enhanced to Rs. 1 lakh. Aggrieved by this order, this revision petition has been filed before us.