K.V.RAMA Vs. BANDI VEERAIAH

JUDGEMENT

(1.) The opposite party in C.C.54 of 2002 on the file of District Forum Khammam is the appellant.

(2.) The facts of the case as narrated by the complainants is that the complainant approached the opposite party for loss of absolute sight of right eye. The opposite party examined the complainant on 18.8.2001 and stated to him that a cataract operation has to be done in order to restore his sight. The opposite party performed the cataract surgery of the right eye of the complainant and charged Rs. 1500/- towards the expenses of the surgery. After the surgery pain and pus was formed in the right eye of the complainant within a period of week days. The complainant approached the opposite party and complained about the same. The opposite party applied ointment and prescribed tablets and also eye drops. The complainant used the same but did not get any result. Thereafter the complainant lost sight and the eye ball. The complainant was also losing the left eye sight to which the complainant approached LV Prasad Eye Institute and got back the eye sight of his left eye. Due to the negligence of the opposite party in operating on the right eye of the complainant, the complainant lost his sight. Hence, the complainant seeking direction to the opposite party to pay Rs. 3 lakhs along with damages and compensation.

(3.) The opposite party filed counter contending that five to six months prior to operation the complainant was examined by the opposite party and the operation was advised six months thereafter as cataract was not matured by that time. On 19.2.2001 an operation was conducted which was uneventful and he was discharged on the next day. In the discharge card the complainant was advised to use 1) Betnosol N Eye drops 8 times a day 2) Zoxen Eye drop 8 times a day, 30 Divon plus tab. Two times a day, 4) Topcid tab. Two times a day. He was directed to appear on third day i.e., 22.2.2001 but he appeared on 26.2.2001 with discharge of water and puss and complaint of pain. The problem was due to not following the instructions as directed. Pre-clinical tests were made. The loss of eye sight and eye ball of the right eye of the complainant was due to gross negligence in administering the medicines in time by the complainant. The infection was due to use of non-sterilized cotton and dirty cloth etc and not applying the medicines. The opposite party conducted the operation to the best of his ability and skill expected by him. The complaint is filed after much delay i.e., nearly after a year. Hence, prayed for dismissal of the complaint.