JUDGMENT

Justice (Retd.) G.D. Sharma - Order dated: 22-05-08 passed by the Learned Divisional Forum Jammu (herein after to be referred as the Forum) has been taken in appeal whereby and where under the appellant has been directed to reimburse respondent no. 1 to the extent of Rs. 77,479/- which were the actual expenses incurred by respondent no. 2 for giving medical treatment to respondent no. 1 for the tortitious act committed by the appellant as well as to pay him compensation to the extent of Rs. One lac for undergoing physical and mental torture in the present and expected future risks of the same nature.

2. The brief facts of the case are that respondent no. 1 was born to respondent no. 2 on 22.08.2003 and after two days i.e. on 24-08-03, respondent no. 1 was taken by his father namely, Mr. Gurdev Singh and aunt namely, Smt. Harjit Kour for medical check-up to the clinic of the appellant. That appellant examined respondent no. 1 and opined that he was suffering from the disease of "jaundice" and required further medical check-up on 26-08-2003. On 26-08-2003, respondent no-1 was taken to the nursing home of the appellant known as "Vatasalya" (arrayed as op-1 in the complaint). Re