G. RAMESH Vs. M. GANGA REDDY

JUDGEMENT

(1.) Aggrieved by the order in C.D.No.10/1998 on the file of District Forum, Nizamabad, opposite party preferred F.A.No.641/2007 and the complainant preferred F.A.No.1620/2008. Since both the appeals arise out of the same C.D., they are being disposed of by a common order.

(2.) The brief facts as set out in the complaint are that complainant, an agriculturist, earning Rs.3,00,000/- from agriculture sustained fracture to his thigh on 01-5-1997 and was taken to Government Hospital, Kamareddy and consulted opposite party doctor. Under the advice of opposite party doctor, he was admitted in Jeevadhan hospital at Kamareddy. After examination, the opposite party assured the complainant that he could walk within one month and started treatment. The fracture site was bandaged and weight was applied by suspending a sand bag to the lower part of the leg of complainant. The complainant submitted that he suffered severe pain and regularly informed the pain to opposite party. He further submitted that he lost sensation in lower part of his legs though the opposite party continued treatment upto 02-6-1997 and there was no response from opposite party or staff at Jeevadhan hospital to his complaints of pain, discomfort and non functioning of lower part of legs. The complainant contended that the opposite party stated that he will be cured and at one stage stated that his leg has to be amputated as there was no other alternative and the complainant shocked with this lost hopes on the treatment of opposite party and requested for discharge upon which opposite party gave a reference letter to Dr.Vijay Kumar of Shalini Hospital on 02-6-1997 and discharged him and refused to give discharge summary even though requested by the complainant and charged Rs.10,000/- towards fee and a receipt for Rs.6,000/- was given. The complainant admitted himself in Shalini Nursing Home on 2-6-1997 and remained as inpatient upto 20-7-1997 and an operation was performed on 09-7-1997. It is the case of the complainant that he lost sensation in the lower part of the leg and developed complications due to improper and negligent treatment of opposite party and had to undergo treatment for a long period at Shalini hospital by incurring an expenditure of Rs.90,000/- because of the negligent and defective treatment of opposite party. He further submitted that his lower part of the leg became functionless and that the complainant became permanently disabled and not able to stand, walk or do any work by himself and has to depend on others for every thing and is not able to attend to agricultural works and lost his earning capacity. Hence the complaint for a direction to the opposite party to pay Rs.4,00,000/- towards treatment expenses, defective and improper treatment, loss of income, loss of earning capacity, further treatment, mental agony etc.,

(3.) Opposite party filed counter stating that he is a qualified and well trained Orthopeditian having worked with Dr.J.V.S.Vidyasagar of Kamineni hospital and admitted treating the complainant in Jeevandhan hospital, Kamareddy. He admitted that the complainant was referred from Government hospital, Kamareddy on 01-5-1997 and materially contending that on examination it was revealed that the complainant fell in a well in a drunken condition and the following injuries were sustained by him: