Appeal hled on: 20.04.2013

Appeal disposed on: ^{1 1.03.2026} BEFORE THE I(ARNATAI(A ^{STATE CONSIIMER DISPUTF,S} REDRESSAL COMMISSION, CIRCT'IT BENCH-2, BELAGAVI DATED THIS THE ^{11th DAY OF MARCH,2026} CORAM: HON'BLE SRI.RAVI SHANKAR, ^{JI'DICIAL MEMBER} HON'BLE SMT. SUNITA ^{C.BAGEWADI' LADY EMBER} APPEAL NO.558/2013 Dr.V.K.Babaji, o Krishnajappa Babaji S /

yexs ...Appellant/s Aged about 74 Akki Alura, Hanagal,

Haveri District

Srl,scndesh J,Chouta, Adaocate)

[By

-Versus-

Kumara Prajwal & Parashurm, 1 S/o Prakash Doddamani Madara @

Aged about 2 ^years, Since minor Represented by his father Prakash Parasappa Harijana @ ^{Doddamani, aged about 32 Years,} Balambeeda, Hanagal, Haveri ...Respondent/s

2 Indian Medical Association, Karnataka State Branch Frofessional Protection ^Scheme, IMA House, Alur Venkata ^{Rao Road,} Chamarajpet, Bengaluru-560 ^{0 18}

(R-l - By SrT.H.R.Hlremathad' Adaocate)

(R-2 -Dtsmlssed)

ORDER BYH ON'BLE SRI s JUDICIAL ER The Appellant/Opposite party complaint

1n No.33/2012 preferred this appeal against the order passed by the District Consumer Commission, Haveri which directed this appellant to pay a sum of Rs.2,00,000 /_ alongwith

9% interest per annum from the date of complaint till realization and further directed to pay Rs. 10,000/_

towards mental agony and Rs.5,000/-

towards ritigation expenses.

2. The gist of the complaint is that, one Mr.prajwal, aged about two yea'rs arong with his father went to the appe,ant,s hospital with a history of cough and fever.

After testing, this appellant had injected medicine to both hips, immediately after injection, the said patient Mr'Prajwar suffered pain and ross of control over the legs, he was not able to walk and even he was unable to stand, immediately the same was informed'

whereas the doctor tord that the defect may be due to polio and is not due to injection given. Aggrieved by the same, the complainant approached the District commission alleging medicar negrigence' The District commission after detailed adjudication had arrived for pa,rment of Rs.2.00 lakhs to the complainant and noticed that there is clear medicat negligence on the part of the appellant/doctor and also directed to pay Rs. 10,0O0/_ towards mental ('

agony and Rs.5,O00/- as litigation expenses, against which the appellant before ttris Commission.

3. Upon perusal of the memorandum of appeal, we noticed, there is no any specific contention taken by the appellant, the reason for losing the control over the legs have not put forth. The entire pleadings in the appeal memorandum simply say that the order passed by the District Commission is not in accordance witll law and there is no any negligence on this appellant. Except averments, no materials placed before this Commission to show that there is no any medical negligence.

4. On the other hand, upon perusal of the documents even on observation of the respondent who was present before this Commission, we noticed the appellant/doctor had injected some medicines to the hips which resulted in injury to the entire legs itself the patient lost his control over the legs itself. There is negligence on the part of doctor himself while injecting the medicine; the injection has to be given to the muscles of the thigh not to the nerve when the nerye was damaged automatically the control over the legs going to be lost. The District Commission after verification of the entire records had arrived for pa5rment of the above said amount. The order passed by the District Commission is in accordance with law; it is clear case of medical negtgence. No valid grounds urged by the appellant to set (

aside the order passed by the District commission. No interference required. Accordingly the appeal is dismissed and we proceed to pass the following:-

ORDER The appeal is dismissed. No order as to cost.

The impugned order dated 22.3.2013 passed by the District consumer Disputes Redressal commission, Haveri in cc.No.33/20 l2 is confirmed.

The amount in deposit shall be transmitted to the concerned District consumer commiss