A.K.ANNAMALAI J. - (1.) Opposite party is the appellant.
(2.) The complainant/respondent filed a complaint against the opposite party claiming for direction to the opposite party to pay a compensation of Rs.1,00,000/- for the loss of his left eye vision due to wrong treatment by the opposite party and for another Rs.75,000/- for mental agony and deficiency of service and for Rs.12,000/- for the operation expenses of Rs.5,000/- for medical expenses of Rs.2,500/- towards cost.
(3.) The complainant in his complaint averred that on 15.3.03 his left eye was operated for the cataract and the treatment was not properly given the left eye vision was not clear and completely lost due to the opposite partys wrong treatment. Hence he issued legal notice on 5.9.2003 and reply was received on 2.11.2003 with delay and thereby for the wrong act, deficiency of service of the opposite party. Hence the claim was made as stated above. The opposite party filed their version before the District Forum, in which denied the allegations of the complainant and stated the operation was done by a competent surgeon and was no defect in surgical procedure either before operative or post operative care procedures. There is no deficiency of service. The complainant is guilty of observing the post operative instructions in breach rather than the observance and thereby there is no need for any compensation for deficiency of service.;