BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

FA.NO.272 OF 2019 AGAINST ORDERS IN CC.NO.61 OF 2017, DISTRICT CONSUMER COMMISSION-ADILABAD Between:

Dr.J.CH. Keshav Rao, MBBS M.S. (Ortho) Regd No.40078, Shailaja Hospital, Beside Telangana Grameena Bank, Kagaznagar.

..…Appellant/Opp.Party And Sripati Chokka Rao, S/o.Narsing Rao, Aged: 45 years, Occ: Teacher, R/o.TRT-91, SPM New Colony, Kagaznagar.

…..Respondent/Complainant Counsel for the Appellant/Opp.Party : M/s. A. Mahadev &

Mr. A. Naveen Kumar Counsel for the Respondent/Complainant : Sri Chandrasekhar QUORAM:

HON’BLE SMT.MEENA RAMANATHAN…IN-CHARGE PRESIDENT &

HON’BLE SRI V.V.SESHUBABU, MEMBER-JUDICIAL WEDNESDAY, THE 19^TH DAY OF MARCH TWO THOUSAND TWENTY FIVE *******

Order : (Per Smt.Meena Ramanathan, Hon’ble In-charge President)

1. This appeal is filed by the Appellant/Opposite Party under Section 41 of Consumer Protection Act, 2019, praying this Commission set aside the order dated 08.04.2019 in CC.No.61/2017 on the file of District Consumer Commission-

Adilabad, in the interest of justice.

2. For the sake of convenience, the parties are described as arrayed in the complaint. The Appellant is the Opposite Party and the Respondent is the Complainant in CC.No.272/2019.

3. Briefly stated, the facts are that – the Complainant is aged 45 years and a teacher by profession. On 06.12.2016, the Complainant fell down from his motorcycle and sustained injury on the left hip region. Immediately he approached Opposite Party‟s Hospital where he underwent several tests and examinations and X-Ray on the advice of Opposite Party doctor. The Complainant took rest and medicines as per the advice of the Opposite Party Doctor and visited twice to the Opposite Party Doctor as there was an unbearable pain in his left hip region, but of no use. On 24.12.2016, the Complainant went to Sri Satya Vijaya Ortho, Maternity and Infertility Hospital, Mancherial wherein Dr.M.Raghava Rao, M.S. Ortho treated him. The X-Ray dated 06.12.2016 revealed that there was a fracture and the Complainant was suggested to undergo surgery.

4. It is submitted the Complainant visited Landmark Hospital at Hyderabad wherein, one Dr.Sudhir Reddy observed from his reports and X-Ray that “20 days old intra capsular fracture neck of left femur” and due to 20 days delay the hip joint was damaged and suggested replacement of total hip. Immediately on the advice of Dr.Sudhir Reddy, the Complainant got admitted as an inpatient from 26.12.2016 to 30.12.2016 and surgery was performed for total hip replacement for which the Complainant incurred expenditure of Rs.5,00,000/- towards hospital charges, medical expenses, transportation, lodging and boarding. It is alleged that due to Opposite Party‟s negligence the Complainant sustained loss physically, mentally and financially and also permanent disability as he could no discharge his duties being a teacher.

5. The present complaint is thus instituted praying the Commission below to direct the Opposite Party “to pay compensation of Rs.5,00,000/- which was incurred by the Complainant towards treatment due to negligence diagnosis of Opposite Party and also claiming Rs.10,00,000/- towards compensation for mental agony sustained by the Complainant for the acts of the Opposite Party along with interest @ 18% p.a. from the date of accident till realization; to pay costs of the complaint and to award any other relief as the as the Commission below deems fit and proper in the circumstances of the case.”

6. The Opposite Party filed their written version denying the averments made by the Complainant. It is admitted that on 06.12.2016, the Complainant came to the Opposite Party with a complaint of injury on the left hip region due to fall from motorcycle. During the treatment, X-Ray was advised and it was observed that there is tenderness over hip and thigh AP/Lateral views and there was no bone injury. Hence, the Opposite Party advised him rest and gave prescription. It is contended