P B LAL Vs. SURESH CHANDRA ROY

JUDGEMENT

(1.) APPEAL Nos. 598/2003 and 607/2003 have been heard together as they arise out of the common order. This order shall govern both the appeals.

(2.) IN Appeal No. 598/2003 the complainant is the appellant who has filed this cross appeal with a prayer to enhance the compensation amount awarded by the District Forum, Munger to Rs. 4,95,000. Appeal No. 607/2003 has been preferred by the O.P. against the order dated 5.11.2003 passed by District Forum, Munger in Complaint Case No. 617/97 wherein and whereunder the appellant has been directed to pay a compensation of Rs. 2,60,000 with interest @ 12% per annum from the date of order till the date of payment holding the appellant (doctor) negligent and deficient in his medical treatment.

(3.) THE brief fact of the complainant s case is that on 10.2.1990 his wife Renuka Devi felt sudden severe pain on her right eye and she consulted the O.P. doctor, an eye specialist at Munger in his clinic. The doctor examined her and on 10.2.1990 itself advised for immediate operation of the right eye. The right eye of the complainant s wife was operated by the O.P. doctor on 11.2.1990 in his clinic. The complainant paid all the charges of operation, room rent, etc. to the doctor. She remained in her clinic till 22.2.1990 and thereafter discharged. It is further alleged that on 16.3.1990 she had suffered pain in the operated right eye. The complainant immediately brought his wife to the clinic of the O.P. who examined and advised to apply some medicine and named some medicines on the prescription but put the date as 10.2.1990 intentionally though he had performed the operation on 11.2.1990. Actually she was re -examined by the doctor after operation in his clinic on 16.3.1990 when she felt pain in her operated eye. It is alleged by the complainant that in the prescription and in the discharge paper of the clinic the doctor has not mentioned the date of operation nor which eye was operated. The allegation of the complainant is that entire operation and subsequent treatment was done in haste without proper investigation.