IMPORTANT POINT
Merely from the fact that complainant had to be reoperated it could not follow that earlier operation was not properly and carefully done.

A. Raman, President — In AP 15/99, aggrieved by the order passed by the District Forum, Srivilliputhur in OP No. 174/97, the Opposite party has come forward with the appeal.

2. According to the complainant, he and his friend were driving a motor-cycle and at the time when the complainant approached the District Collector’s office, he fell down as a result of which his jaw was broken. Imme-diately, the complainant went to the Opposite party at Virudhunagar. The Opposite party stated that the jaw had broken and therefore he has to be taken to latha Clinical Operation theatre at Sattur and accordingly the complainant went there and got admitted himself and on 3-2-1997 he was operated upon by the Opposite party. When the complainant consulted S.R.M. Hospital at Chennai, he was made to understand that the operation had been done at a place not required and therefore a re-operation was done. On account of the carelessness and negligence of the Opposite Party the complainant had to incur an expenditure of Rs. 70,000/-. He was put to mental hardship and sufferings as a result of which he claims a sum of Rs. 70,000/- towards the said expenditure and a sum of Rs. 25,000/- towards compensation and cost of Rs. 5,000/-.

3. The Opposite party contended that on taking X-ray, fracture was found on the right side of the complainant’s jaw. Immediately he was operated upon. He was advised not to move his jaw for a period of six weeks. He was also asked to come and consult the Doctor frequently. But the complainant did not turn at all. There was no negligence in carrying out the operation. There was no deficiency in service.

4. The District Forum, Srivillipu-thur, accepted the complaint and accordingly directed the Opposite party to pay a sum of Rs. 8,965/- towards medical expenses and a sum of Rs. 10,000/- towards compensation for mental agony, pain and suffering along with a sum of Rs. 500/- as cost. Aggrieved by the same, the present appeal has been filed by the Opposite party.

5. The Respondent/complainant in AP 15/99 has filed another complaint before the District Forum, Srivilliputhur claiming a sum of Rs. 1,00,000/- as compensation from the Opposite party on the ground that he underwent treatment with the opposite party for the injuries sustained by him in his left elbow on 31-1-1997. The Opposite party had an X-ray taken and said that there was a dis-location of bone. The said Doctor applied plaster of paris and asked the comp-lainant to come after 21 days. Since the pain was excessive the complainant went to Sattur and had an X-ray taken and come to know that there was a mis-placement of bone. He went to Madras where at National Hospital he underwent an operation on 26-2-1997 and was discharged on 28-2-1997. Thus on account of the carelessness and negli-gence of the Opposite party and defi-ciency of service, he had suffered, for which he has asked for compensation.

6. The Opposite party filed a version stating that the complaiannt

was treated by him on the very same day by applying plaster of Paris and was advised to come the very next day, but he did not turn up. Since the complainant did not turn up immediately, another X-ray could not be taken to find out whether there is an fusion of bones. There was no negligence or carelessness on the

part of the Opposite party. Therefore the Opposite party is not liable to pay compensation or any damages to the complainant.

7. The District Forum dismissed the complaint. Therefore the complai-nant has preferred this Appeal in AP

No. 847/98.

8. Since the complainant in both these matters is one and the same, though the Opposite parties are different, these appeals are taken together and a common judgment is rendered here-under.

9. For the purpose of convenience, we will take up the complainant’s case in AP 847/98. In this matter, the complainant would urge that on 31/1/1997 when he was going along with his friend in a motorcycle, he, sitting on the pillion, a dog darted across and as a result of it the