JUDGEMENT
A.K.ANNAMALAI, J. -
(1.) 1st opposite party is the appellant.
(2.) On behalf of the minor 1st complainant his father 2nd complainant
filed a complaint against 1st and 2nd opposite parties claiming direction
to pay compensation of Rs.19,99,000/- for deficiency, negligence in
service, unfair trade practice committed by them in giving treatment for
the 1st complainant and Rs.1,000/- as costs.
(3.) While the 1st complainant playing for in his school premises on
12.11.2007 fell down around 12.30 pm and for his severe pain in the left
fore arm he was taken to 1st opposite party who is claimed to be Naturo
cure expert. After receiving Rs.100/- as fee he had given treatment by
using oil and cloth to wrap around the injured and affected areas of the
body and using wooden splints to immobilize the affected part to cure the
fracture happened to the 1st complainant. The 1st complainant had severe
pain on the same day at 4.00 p.m. The 2nd complainant taken the 1st
complainant to the 2nd opposite party who had advised not to change the
oil cloth wrap with wooden splints fixed by 1st opposite party and had
given tablets to relieve the pain on receipt of Rs.60/- as fees. Since
the 1st complainant had severe pain once again he was taken to the 2nd
complainant on 14.11.07 and once again after receiving fees he has given
tablet and thereafter as the pain continued and fingers in the left hand
had developed boils, bubbles combined with intolerable pain, complainants
approached Chitra Hospital, Kodumudi on 16.11.2007. Where the wife of the
2nd opposite party given tablets on the advise given by her husband/2nd
opposite party through cell phone contact which also not giving any
relief. Hence the 1st opposite party was approached on 18.11.07 for 2nd
visit and at that time the left hand of the 1st complainant fully became
black and there were boils and bubbles from the left fore arm to the left
hand finger and the 1st opposite party by stating that the bandage of oil
cloth was very tightly wrapped over on the 1st day wrongly and thereby
blood circulation was stopped to the affected portion and after removing
the earlier bandage and cloths applied new cloth for wrapping and he was
paid Rs.100/- as fee. Since the pain was not reduced on 20.11.07 when the
2nd opposite party was approached he informed that due to the non
circulation of blood to the fore arm gangrene had formed and the portion
had to be amputated by surgical removal and gave a letter to Dr.Sakthivel
of Sakthi Nursing Home, Erode. On 20.11.07 at 5.00 pm at Sakthivel
Nursing Home, after taking treatment approached L.K.M. Hospital, Erode on
the same day admitted for treatment where Dr.Natesan performed operation
on 23.11.07 and 27.11.07 to save the left hand of the 1st complainant,
since the Gangrene affected 1st complainant?s left fore arm left hand
fingers had been removed and he was discharged on 31.12.07. Hence the
complainants have filed the consumer complaint claiming the reliefs as
above.;
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