M.THANIKACHALAM J. - (1.) The appellants, who suffered an adverse order, in the hands of the District Forum, as opposite parties in OP.No.178/2001, as per the order dt.1.9.2005, have come before this commission, seeking redress, finding fault with the order.
(2.) The respondent/complainant, approached the District Forum, for the reliefs a) to refund the amount collected towards the surgery and other Hospitalisation Expenses amounting to Rs.16,297/- b) to reimburse a sum of RS.52,702/- incurred towards the operation charges and Hospitalisation charges incurred due to the negligence of the complainant c) to pay a sum of Rs.15,00,000/- towards compensation for the negligence loss of business, disability, pain and sufferings. On the following grounds:
(3.) The complainant met with an accident, while riding the scooter on 20.11.00, at 2.45 p.m, in which he suffered the injuries viz. 1. Left wrist: Smith Fracture with dislocation of distal radio ulna joint 2. Right Leg: Comminuted Fracture Proximal 1/3 Tibia with depressed fracture lateral condyle. for which, he was admitted in the 1st opposite party hospital at 3.30. pm., where the 2nd opposite party treated the complainant, explaining the mode of treatment, for which, the complainant also agreed and pursuant to the same, he was taken for surgery, for which family members have also agreed. Later enquiry revealed, the 2nd opposite party has not performed any surgery, whereas they have applied POP around the leg, which also bivalved, which also rolled round subsequently. Thereafter, the complainant was discharged on 22.11.00, with an advise to come for review on 29.11.00.;