P.J. BRAHMANANDAM Vs. G.V. VENUGOPALA SHARMA

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.136/2005 on the file of District Forum-II, Krishna at Vijayawada, opposite party preferred appeal F.A.No.292/2007 and the complainant preferred F.A.No.655/2007.

(2.) Since both the appeals arise out of the same C.D., they are being disposed of by a common order.

(3.) The brief facts as set out in the complaint are that the complainant, who was working as an electrician in Koneru Lakshmaiah Engineering College on a monthly salary of Rs.3,700/- suffered spinal problem and underwent surgery for L4 and L5 long back an it was subsided. The complainant again suffered with severe back ache and hence he approached the opposite party on 24-11-2003 and it was diagnosed that the complainant was suffering with Pelvic Traction, NSAIVS and Epidural with symptoms of back pain and prescribed medicine but the pain did not subside. The complainant again approached opposite party and after investigations, the opposite party came to a conclusion that the complainant was suffering from disc prolapse at L2 and L3 and conducted Laminectomy on 29-12-2003. After the said operation, the complainant developed bladder and bowel inconsistency and neurological defect on left quadriceps side (3) and opposite party observed and gave regular treatment but the defects were not rectified. It is the case of the complainant that the defects were due to failure of operation and negligence of the opposite party inspite of treatment for two months as inpatient. The complainant got issued a legal notice on 25-4-2005 to the opposite party demanding compensation of Rs.10,00,000/- for which the opposite party replied denying negligence. Hence the complainant approached the District Forum for a direction to the opposite party to pay damages of Rs.10,00,000/- and other costs.