Mr. Justice R.C. Mankad, President—The complainant has filed this complaint for recovery of total compensation of Rs. 8 lakhs from the opponent who is a General Surgeon on the ground that he was negligent in giving him medical treatment.

2. The allegations on which the complainant has claimed compensation from the opponent are as follows :

3. The complainant had pain in abdomen on August 4, 1993 and he consulted the opponent. The opponent advised certain laboratory tests and asked the complainant to come on the next date with the report of the tests. The complainant again went to consult the opponent on August 5,1993 alongwith the laboratory test report and the opponent on examining the complainant and the results of the laboratoiy tests, came to the conclusion that he was suffering from acute appendicitis. The complainant was advised to undergo operation. The complainant wanted to consul his relatives and, therefore, the opponent asked him to come after five days. The opponent prescribed medicines which the complainant was required to take before he went to consult the opponent again. As instructed by the opponent, the complainant again went to consult him on August 9, 1993. According to the complainant, he was feeling well but the opponent, without any further test or examination, advised him to undergo operation for removal of appendix. The complainant was admitted to the opponent’s hospital and he was taken to the operation theatre for operation on the next date i.e. August 10, 1993. The complainant was put under spinal anaesthesia and during the operation he heard the opponent reprimanding his assistant for pulling intestine. Thereafter, according to the complainant, he became unconscious. He was brought out of the operation theatre with blood stained underwear at about 11 a.m. It is submitted that the opponent was negligent in performing the operation and he was not given any food orally for about 5 days. The staff of the opponent was untrained and unqualified and there was swelling on the arm on account of administration of intravenous fluid and medicines.

4. The complainant has alleged that during the aforesaid period, he had high temperature and he was not able to sleep. The opponent, therefore, called a physician viz. Kirtibhai P. Shah for consultation. Dr. Shah prescribed medicines and also suggested certain tests. According to the complainant, results of all the tests were normal. Thereafter on August 18,1993 the complainant was taken to operation theetre under the pretext of removing stitches. However, without informing the complainant and without his consent the opponent performed second operation on him. The complainant has alleged that till today it has not been explained by the opponent as to why it became necessary to perform second operation. Thus, the opponent had committed breach of medical ethics and he was also guilty of negligence. According to the complainant, the incisions which were made during operation were also such which no surgeon would have made. The complainant also suffered from hernia on account of negligence in performing of the surgery. He suffered intense pain and when he was discharged from the hospital on August 27, 1993 he returned home with two useless fingers of right hand, piles and hernia.

5. The complainant has alleged that he has suffered both physical and mental pain and agony on account of negligence on the part of the opponent. The opponent’s negligence has also resulted in permanent disability. The complainant has, therefore, claimed Rs. 35,000/- for the expenses incurred for the operation, Rs. 3,50,000/- for physical torture and disablement, Rs. 4,00,000/- for mental agony and Rs. 11,000/- for treatment of hernia. The complainant has thus claimed total compensation of Rs. 8 lakhs together with 18% interest from the opponent.

6. The opponent has contested the complaint by his affidavit in reply Ex. 11. Besides raising the technical objections regarding maintainability of the