RUKMINI M. KARAD Vs. RAJEEV RAMCHANDRA SONAWANE SHIVASMRUTI AND ORS.

JUDGEMENT

(1.) This appeal by an Ophthalmologist is directed against the order passed by District Consumer Disputes Redressal Forum, Nasik, partly allowing consumer complaint No. CC/97/34 and directing the appellant to pay a sum of Rs. 73,000/ - with costs quantified at Rs. 5000/ - on account of negligence in performing a surgical operation on the eye. Facts which are material for deciding this appeal are as under: - -

(2.) Appellant filed written version denying that there was negligence on her part. It was stated that possibility of such complications cannot be ruled out in cataract operation and that the complications which had arisen, were post - operative complications beyond the control of the surgeon. It was also stated that wound gaping, lens dislocation or retinal detachment were recognized as postoperative complications.

(3.) After considering rival contentions, forum came to pass impugned order. Aggrieved thereby, opponent surgeon has preferred this appeal.