DIVI SUBBA RAO Vs. V.S.S. SARMA

JUDGEMENT

(1.) The appeal is filed by the complainant in C.D.No.863 of 2003 directed against the order dated 4.1.2006.

(2.) The factual matrix of the case is that the complainant met with an accident on 25.12.2000 and he had taken first aid at B.D.Naidu Hospital. Subsequently, the complainant approached the opposite party no.1 hospital. He was assured in the opposite party no.1 hospital that the complainant had to undergo operation and he can walk within 15 days from the date of the operation. He had undergone operation on 26.12.2000 whereby POP was removed and a steel rod in was inserted in his leg. The opposite partyno.1 has collected an amount of Rs.42,998/- from the complainant towards the charges for the treatment. The complainant was discharged on 8.1.2001 from the opposite partyno.1 hospital and while discharging the complainant, the opposite party no.1 had taken the X-ray and after going through it advised him to get readmitted.

(3.) On readmitting the complainant, the opposite party no.1 hospital called for the service of the opposite party no.3 (who is impleaded at the stage of the appeal) who expressed his opinion that no further operation is required as there was narrow gap left at the fractured site and following his advice the complainant was discharged from the opposite party no.1 hospital. As the complainant was not able to walk, he again approached the opposite party no.1 hospital who advised him to go to NRI Hospital Visakhapatnam where the opposite party no.1 and his friend has taken x-ray of the broken leg of the complainant and conducted another operation on 5.3.2001 and thereafter the opposite party no.1 had admitted the complainant in his hospital and performed another operation. The complainant was discharged on 20.4.2001 from the hospital of the opposite party no.1. The opposite party no.1 had charged an amount of Rs.31,394/- from the complainant.