JAGAT NARAIN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY way of present appeal, appellant has challenged the judgment and decree dated 6th August, 1999, passed by Additional District Judge, Tis hazari, Delhi, vide which suit of the appellant for compensation for Rs. 2 lacs was dismissed.

(2.) FACTS in brief are that appellant, now aged about 88 years old, filed the suit as an indigent person. On 19th October, 1987, he was admitted in dr. Ram Manohar Lohia Hospital, for his eye-treatment and was operated upon for extraction of cataract of his right eye. He was discharged on 28th october, 1987. The operation was performed in presence and under supervision of respondent No. 3, being head of eye-department. Appellant was asked to visit hospital after one week for the removal of the stitches. Respondents No. 2 and 3, further asked the appellant to come again for the removal of the remaining stitches.

(3.) WHEN appellant's right eye was operated upon, he complained to respondent No. 3 and other junior doctors, who removed the stitches, that in the course of a fortnight he felt severe irritation in his eye as there was excessive bleeding and whole eye-ball was covered with blood and he had suffered great mental loss, agony etc. When nothing was heard, he contacted respondent No. 3. Thereafter, he was sent to Dr. Sharma who told him that a slit has been formed in the retina due to non removal of the stitches completely and vitreous disorder has developed and for this reason no lense was fitted in his eye.