A.K.ANNAMALAI, J. - (1.) The opposite party is the appellant.
(2.) Complainant filed a complaint against the opposite party claiming for direction to pay Rs.3 lakhs as compensation, to pay Rs.50,000/- as compensation for the removal of stent on 2.11.05 and for future medical expenses and to pay Rs.5,000/- towards costs.
(3.) The complainant, a tailor in Tiruppur, was suffering due to deposit of stone in both side kidneys. He went to the opposite party?s hospital and as per his advice he was admitted as inpatient on 26.3.2003 and he underwent an operation on the left side kidney and the stone was removed on 27.3.03 and after post operative care he was discharged on 5.4.03. The complainant has paid Rs.27,000/- as fees and other charges to the opposite party. The complainant was again admitted in the opposite party?s hospital on 21.7.03 and on 22.7.03 the opposite party performed operation in the right side kidney for removal of stone for which complainant spent Rs.27,000/-. In the operation the opposite party has removed the stone (calculus) from the kidney and inserted a tube through the penis for the proper drain of urine from the kidney. The complainant was discharged on 31.7.03 but the opposite party did not give any instructions to remove the tube which was inserted at the time of 2nd operation. In the month of February 2004 due to severe pain felt in the right side stomach the complainant went to the opposite party?s hospital and was admitted for 4 1/s hours and injected a sedation injection for the removal of the tube. After awakening from the sedation the opposite party told him that he had removed the entire tube.;