SALINDER ALIAS SURENDER Vs. VIJAY GUPTA

JUDGEMENT

(1.) Complainant Salinder @ Surender has come up in appeal against the order dated 10.10.1997 passed by the learned District Consumer Forum, Kamal, where by his complaint alleging deficiency in service against Dr. Vijay Gupta, M. D. Orthopaedics Surgeon of Karnal, has been dismissed as the complainant had failed to establish any deficiency in the rendering of medical service by the respondent Dr. Vijay Gupta.

(2.) According to the complainant, on 10.8.1995 while driving a scooter he suffered an accident in which his left ankle and leg got entangled between the scooter and a Kikkar tree. He was shifted from his village to the clinic of Dr. Vijay Gupta where he remained admitted for a couple of days and was discharged on 12.8.1995. Later on he was shifted to the clinic of Dr. Pradeep Kohli at Jagadhari on 18.10.1995. According to him. Dr. Vijay Gupta was negligent in treating him as he did not exercise proper skill and competence while treating him and discharged him from his clinic in an unsatisfactory condition. Feeling aggrieved against this, the complainant claimed compensation amounting to rupees two lacs for physical pain, mental torture etc. Since Dr. Vijay Gupta was insured with the Oriental Insurance Company at Karnal, the complainant also impleaded the Insurance Company as opposite party No.2.

(3.) In his written reply. Dr. Vijay Gupta pleaded that he was M. D. Orthopaedics and had 20 years' experience in Government Hospitals and was a consultant Orthopaedic Surgeon of repute and eminence. It was also claimed that he was handling all major orthopaedic procedures and had rich experience in the line while running his clinic which was equipped with the most modern and latest equipment. On merits, it was further pleaded that he had exercised due skill and competence while treating the complainant and that there was no fault or deficiency in service on his part. Finally, it was also pleaded that complications like infection and exposure of bone in such cases of crush injury/fracture etc. generally occur and that could not be attributed as deficiency in service or negligence on the part of the doctor.