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D.P.S.CHOUDHARY, C.R.VENKATARAMAN
MATHURA MAHTO (MISTRY) – Appellant
Versus
BINDESHWAR JHA “BINDU” – Respondent


Advocates:
Counsels for the Parties :
For the Complainant :Mr. Akhileshwar Kr. Srivastava, Advocate.
For the Opposite Party :Mr. Prakash Kumar, Advocate.

ORDER

Mr. Justice D.P.S. Choudhry, President—The complainant has filed the case for the following reliefs :

(a) A compensation of Rs. 6 (six) lacs for mental agony and harrassment due to deficiency in medical service of O.P.

(b) Rs. 2 (two) lacs be granted as the expense incurred by him in the treatment of his wife at various places.

(c) A compensation of Rs. 2,50,000/- for establishing the business which he could not start due to protracted illness of his wife caused by deficiency in service of O.P.

(d) Cost of litigation.

Thus complainant has claimed a total compensation of Rs. 10,50,000/- against the O.P.

2. The brief fact of the case is that his wife Rasamani Devi aged about 28 years has two children. She was suffering from stomach pain. The O.P. has a private nursing home at Bettiah, West Champaran. The complainant approached the doctor (O.P.) and on his advice she was hospitalised in his nursing home. The doctor opined that she was suffering from gall bladder stone and advised for her immediate operation. The complainant deposited his fee and she was operated on 4.2.1996 (Annexure-1). After her operation by the said doctor, her condition was deteriorating and after about a week doc












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