M.THANIKACHALAM, J. - (1.) The 2nd opposite party, while resisting the claim of the complainant/ 1st respondent, in OP.No.73/2001, on the file of District Forum, Nagapattinam, failed, and the consequence is the appeal.
(2.) The petitioners husband, by name Elangovan, hereafter after called patient, who suffered from piles, approached the 1st opposite party, for treatment, since he promised, that the piles could be cured, with minor surgery, and accordingly the patient had undergone, minor surgery in the first week of August 2000, for which he had paid Rs.3000/-. Within two days, from the date of operation, the patient developed acute abdominal pain, including pus formation, for which, as directed by the 1st opposite party, patient contacted and consulted the 2nd opposite party, in his nursing home on 10.8.00. At that time itself, the condition of the patient was critical. The patient was admitted at the hospital of the 2nd opposite party, as advised for surgery, where he was not properly treated whereas by the follow-up treatment by the 2nd opposite party, the condition of the patient became worse.
(3.) The patient was moved to Jipmer hospital, where inspite of their best treatment, he collapsed on 27.8.00. At Jipmer hospital, doctors have given opinion, that the entire mishap was due to wrong operation, and improper treatment by an unqualified doctor for piles, for which both the opposite parties should be held responsible. Claiming compensation of Rs.5 lakhs, notice was issued, for which there was no proper reply, complying demand, thereby the complainant is constrained to file a case, for the recovery of a sum of RS.4,75,000/-, as compensation from the opposite parties.;