GEORGE VARGHESE THAYYIL LENIN VILLA Vs. BINU S.

JUDGEMENT

(1.) This revision petition has been filed by the petitioner George Varhese against the order dated 27.09.2011 of the State Consumer Disputes Redressal Commission, Kerala, (in short 'the State Commission') passed in Appeal No.321 of 2009.

(2.) Brief facts of the case are that the respondent No.1 is a miner aged 17 years and he is represented by his father the second respondent. The respondent No.1 sustained cut injury on the Achilles tendon of his right leg on 14.07.1997 and was immediately taken to the petitioner/opposite party hospital for treatment. Dr. Ganesh Babu, MS operated upon his injured portion and the son of opposite party who is a medical student assisted Dr. Ganesh Babu in conducting the operation. On 19.07.1997 the patient was discharged from the hospital. The patient continued out-patient treatment and on 04.8.1997 Dr. Ganesh Babu asked the patient to walk. The patient collapsed in the presence of the doctor and his condition became critical. On 05.08.1997 the patient was taken to the Govt. Hospital, Pathanamthitta for treatment. The complainant alleged that the treatment of Dr. Ganesh Babu was improper. The respondent No.1 has become lame in his right leg and is permanently disabled. The opposite party is liable to pay a compensation of Rs.3 lakhs to the petitioner. The complainants filed a consumer complaint before the District Consumer Disputes Redressal Forum Papthanamthitta, (in short the 'District Forum'). The District Forum passed the following order on 08.04.2009:-

(3.) Aggrieved by the order of the District Forum the complainant preferred an appeal being 321 of 2009 before the State Commission and the State Commission accepted the appeal vide its order dated 27.09.2011 and directed the petitioner/opposite party No.2 to pay Rs.1,00,000/- as compensation to the complainant along with Rs.10,000/- as cost.