J.K. DANI Vs. AMRIT LAL YADAV

JUDGEMENT

(1.) THIS appeal is directed against order 22.10.2009, passed by District Consumer Disputes Redressal Forum, Korba (hereinafter called .District Forum. for short) in complaint case No.51/2003, whereby the appellant herein has been directed to pay Rs.2,00,000/ - with interest @ 6% p.a. from the date of filing of the complaint, till the date of payment, on the allegation that he committed negligence while performing surgical operation on the eye of the complainant, resulting in total loss of vision. In addition to it, he has also been directed to pay Rs.10,000/ - as compensation for mental and physical agony and Rs.2,000/ - as cost of litigation.

(2.) INDISPUTABLY , the respondent / complainant reached to the Hospital of the appellant on 23.11.2000 with complaint of having cataract in the right eye. The appellant after examination advised for surgical operation for removal of cataract and for implantation of artificial lense. The complainant was admitted on 26.11.2000 in the Hospital and was operated on 27.11.2000. As per allegations in the complaint, after two days when bandage was removed, then it was found that the complainant was incapable of seeing anything through that eye. Then he was referred to Dr. V.K. Moda, Korba by the appellant and later on to Dr. B.P. Sharma of M.M.I. Hospital, Raipur, who, by performing second operation, removed the lense, implanted by the appellant, but even then the vision has not revived. The allegation of the complainant is that the appellant has committed gross negligence while performing surgical procedure on his eye, resulting in total loss of vision from that eye and on the basis of this allegation compensation of Rs.10,40,000/ - was demanded.

(3.) LEARNED District Forum in the impugned order has observed that as there was loss of vision and as Dr. B.P. Sharma, observed that the implanted lense was adherent to the eye, so there was negligence on the part of the appellant and so he was guilty of committing negligence and is liable for payment of compensation.