B G NINGAPPACOMPLAINANT Vs. MADAN

JUDGEMENT

(1.) THE complainant has filed this complaint seeking for compensation of Rs. 8,88,600 from the opposite parties (for short, 'OPs').

(2.) THE facts in this case are as follows: In the month of November 2000, the complainant approached one Dr. Venkatesh of Srirama Hospital with a complaint of right knee pain. The said Doctor on examination advised the complainant to take complete bed rest for a period of one week. After the bed rest, the complainant became hale and healthy and there was no pain on the right knee. But, again on 25.12.2000 while the complainant was returning to his house he suffered with a severe pain on his right knee and was not able to fold or stretch his leg. This has made the complainant to approach an Orthopedic Surgeon by name Dr. Amarnath. The said Doctor advised the complainant to approach Ulsoor Lake Hospital and also advised him to undergo a minor operation. Accordingly, the complainant approached the Ulsoor Lake Hospital but as the concerned Doctor was not available he was advised to go to Kempegowda Hospital. According to the complainant, as there was no response in Kempegowda Hospital, he approached OP -2 Hospital. In OP -2 Hospital, OP -1, i.e., Dr. Madan, Orthopedic Surgeon suggested the complainant to get an X -ray of right knee. Accordingly, the complainant got an X -ray and handed over the same to OP -1. OP -1 after looking at the X -ray suggested the complainant to go for operation. Accordingly, OP -1 operated on the right knee of the complainant on 6.1.2001. Even after that operation, as the complainant could not get any relief, he again approached OP -2 Hospital and contacted OP -1. OP -1 suggested for a second operation for removal of rod and, accordingly, he conducted second operation and told the complainant that the pain will be cured within two or three months. According to the complainant, even after the second operation, he could not get any relief and, therefore, he has filed this complaint alleging negligence against OP -1 claiming compensation of Rs. 8,88,600.

(3.) THE complainant and OP -1 have filed their Affidavits by way of evidence and they were subject to cross -examination. The OPs have produced the records maintained by the Hospital, which were marked as exhibits. The complainant has produced some documents along with the X -rays, which were also marked as exhibits.