THE FACTS:

Dr. S. M. Kantikar, Member—On the night of 15.12.1999, the complainant, Mt. Manu V. S. (hereinafter referred to as a “patient”) met with a motor cycle accident, and was taken to Savitri Hospital, Bhangel, NOIDA (OP-2). Dr. Akhilesh Kumar, (OP-1) examined the patient, took X-rays and advised surgery of compound fracture of right femur. Accordingly, the OP-1 operated the patient, inserted a nail and fixed the external fixator. The patient was discharged on 03.01.2000, with the advise to use crutches for walking and asked him to visit fortnightly, which the patient followed, till 28.4.2000. During every visit, the patient complained of severe pain, throughout the right leg up to hip, but the OP-1 assured that the fracture was properly united. There was shortening of the leg also, which the OP-1 assured that, it was due to external fixator and it will take time to cure completely. The complainant incurred total expenditure of Rs.41,304/-. Even after 4 months’ of treatment, there was no proper healing of fracture, severe pain persisted and the patient was unable to stand without the support of crutches. Therefore, he went to Kerala and took treatment from Dr. V.I. Simon,