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Judgment
THE appellant/complainant has taken out the civil miscellaneous petition in A.P. No. 414/2001 for directing a doctor of Urology Department to investigate her son and give a detailed report on the condition of his penis.
THE affidavit filed in support of the civil miscellaneous petition says as follows: THE main original petition had been filed alleging deficiency in service and for compensation against the opposite party/respondent for his negligence in performing the operation on the petitioner's son, Mr. Rajesh, and the same was dismissed by the District Forum. According to the petitioner/appellant, medical examination of her son was not conducted and an expert opinion is needed so as to find out the real loss suffered by her son and in the circumstances, it is necessary to have one of the doctors in the Urology Department to examine her son and to give an expert opinion on the following points: (a) The size of the penis before and after erection. (b) Whether he will be able to do his marital obligations. (c) Whether he will be able to father children.
The respondent has filed a memo and in the memo, the respondent wants the reference to the expert with the following directions : (i) To find out whether the penis has telescoped into the scrotum. (ii) To find out the length of penis left after the amputation. (iii) There should be a further direction for measuring the length of penis after electrical stimulation so that his ability to perform the sexual act could be measured.
THE parties have agreed to the appointment of Prof. Dr. Sivaraman, Department of Urology, Government General Hospital, Chennai - 600 003 for the medical examination of the boy. Having regard to the facts and circumstances of the case, we direct the boy, Rajesh, to be medically examined by Prof. Dr. Sivaraman, Head of Department of Urology, Government General Hospital, Chennai-600 003 to do the following things: (1) To find out whether the penis has telescoped into the scrotum. (2) To find out the length of penis left after amputation. (3) To measure the length of penis after electrical stimulation the size of penis before and after erection. (4) To give his considered opinion as to whether the boy Rajesh, will be in a position to do his marital obligations.
THE petitioner/appellant is directed to take her son, Rajesh, to Prof. Dr. Sivaraman, Head of Department, Urology Department, Govt. General Hospital, Chennai-3, after ascertaining his convenience, for examination and preferably within a week from today. The doctor shall examine the boy, Rajesh, and submit his report within a period of three weeks therefrom. The parties shall equally bear and pay a sum of Rs. 3,000 towards the doctor's remuneration.
FOR submiting report, call on 21.2.2006. Ordered accordingly.