M.THANIKACHALAM J. - (1.) The second opposite party is the appellant.
(2.) Brief facts:- The minor complainant had a fall on 25.12.2004 at Gandhipuram 5th Street, in which, he sustained injuries including fracture on his right leg below the knee, for which, he was admitted for treatment in the first opposite party?s hospital, where the second opposite party, being an Ortho Specialist attended on him. X-ray revealed a fracture at Tibia and Fibula. As directed by the second opposite party, X-ray was taken; medicines were purchased and given, spending several hundreds. The second opposite party applied Plaster of Paris [POP] to the complainant and later discharged on 28.12.2004. Thus, for giving treatment, the complainant had spent a total sum of Rs.8,324.93.
(3.) The second opposite party though advised and assured, upon taking medicines, the fracture would set right, it was not so, whereas problem continued, for which, the complainant came to the hospital for review on 17.1.2005, on which date also the opposite parties have neglected to give proper treatment by joining together the fracture part and giving support, which resulted continuous pain, compelling the complainant to go to M/s.Akilesh Orthopedics Hospital on 18.1.2005 where the doctors have noticed the improper treatment. M/s.Akilesh Hospital treated the complainant properly, discharged on 19.1.2005, relieving the pain, charging only minimum of Rs.2,600/- giving concession also.;