ALKA BAJPAI Vs. N K SHRIVASTAVA

JUDGEMENT

(1.) (Oral)This appeal has been filed against the order dated 12th September, 2007 in case No. 40/2005 passed by the District Forum, Mandla whereby the case of the appellant for compensation for negligence of Dr. N.K. Shrivastava, respondent No. 1 has been dismissed.

(2.) LEARNED Counsel for the appellant submits that the appellant had some eye problem and shown her eyes on 20.2.2002 to respondent No. 1 and told him that she was allergic to disprin, penicillin, panjon and chloromycitin but, still the first respondent prescribed such medicines which caused damage to her eyes. She, therefore, stopped the medicines on 21.2.2002 and went to consult Dr. Prakash Jain, Eye Specialist on 26.2.2002, Not finding any relief in the treatment administered by Dr. Prakash Jain, she went to Shankar Netralaya, Chennai on 16.9.2004 where she was diagnosed as a patient of "tear duct damage".

(3.) ON the basis of the information received under the right to information from the Medical Council, Bhopal, learned Counsel contends that Dr. N.K. Shrivastava has been registered at serial No. 458 dated 13.11.1963 as MBBS Doctor but there is no entry with regard to diploma in ophthalmic medicine and surgery against his registration number till this date. On the basis of this document the learned Counsel contends that he had no specialization in ophthalmic medicine and surgery and still he treated the appellant which was clearly a case of negligence.