NACHHATAR SINGH Vs. MALKEET SINGH

JUDGEMENT

(1.) District Forum, Faridkot on March 25, 1998 allowed complaint filed by Malkeet Singh against Nachhatar Singh Tohra. A direction was given to the opposite party to pay a sum of Rs.50,000/- out of which Rs.10,000/- to be straightway paid to Malkeet Singh, complainant whereas the remaining amount of Rs.40,000/- payable to minor Gagandeep Kaur was ordered to be deposited in the State Bank of Patiala, Faridkot in Special Term Deposit till attainment of majority. The said order has been challenged in this appeal filed by the opposite party, Nachhatar Singh.

(2.) On May 15, 1997 Gagandeep Kaur, a minor daughter of Malkeet Singh suffered fracture on her left arm. She was taken to the opposite party, Nachhatar Singh who used to provide treatment for fractured bones. On charging fee of Rs.500/- Nachhatar Singh applied plaster of paris on the arm of Gagandeep Kaur. A prescription for medicines was also got prepared at his dictation. On subsequent visit, he charged Rs.150/-. In spite of this, there was no cure. Ultimately, the patient was taken to a doctor who provided necessary treatment. In all the complainant had to spent Rs.40,000/- to Rs.50,000/-. In the complaint filed before the District Forum a sum of Rs. one lac was claimed as compensation on account of loss suffered due to deficiency in rendering service on the part of the opposite party.

(3.) Nachhatar Singh Tohra contested the complaint by submitting his version. All the allegations made by the complainant were denied. He denied having given any treatment to Gagandeep Kaur. He also denied having got prepared the prescription slip. In fact he did not give any treatment much less charging of fees. Replication was filed by the complainant reiterating the stand as taken up in the complaint. Both the parties led their evidence on affidavits and documents. The District Forum while holding deficiency in rendering service allowed the compensation as referred to above.