RAJAGOPALAN NAIR Vs. K. KESAVAN

JUDGEMENT

(1.) The Complainant, K. Kesavan, (patient) during his work of rethreading tyre, the dust particles entered in his eyes on 09.08.2003. He contacted Dr. Rajagopalan Nair, the Opposite Party on the next day, who after examination, advised medicines but there was no relief for 2 weeks, the pain went on increasing. Again, the Complainant consulted the OP, same medicines were prescribed. Hence, on 19.08.2003 the Complainant approached Aravind Eye Hospital, Coimbatore, which stopped the use of medicines prescribed by the OP. The doctors at Aravind Eye Hospital opined that, the condition of the eye became worst due to non- removal of foreign particle by the OP. It was removed at Aravind Eye Hospital, but there was no improvement, the infection became severe. Hence, evisceration (removal) of the infected Right eye was done on 26.08.2003. Hence, due to negligence of the OP, the Complainant lost his right eye. The Complainant filed a consumer complaint before the District Forum and prayed for a compensation of Rs.3,00,000/-.

(2.) The District Forum dismissed the Complaint, hence the complainant preferred an appeal No. 268/2006 before the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (herein in short "State Commission"). The State Commission allowed the first appeal and directed the OP to pay Rs.1,00,000/- as a compensation and Rs.10,000/- as costs.

(3.) Aggrieved by the order of the State Commission the OP filed this Revision Petition.