ABDUL KHADER SHARIEFF Vs. YALLAMMA DASAPPA HOSPITAL

JUDGEMENT

(1.) THE complainant has filed this complaint under Section 17 of the C.P. Act claiming compensation of Rs. 20,00,000/ -.

(2.) O .P. - 1 has filed his version stating that the complainant has not alleged any deficiency in service in so far as the O.P. -1 is concerned, and, therefore, the complaint is to be dismissed.

(3.) THE 2nd O.P. has filed the detailed version denying the allegations made by the complainant in the complaint. According to him, the complainant was referred to him in the month of March 1994 with history of blurring of vision and was diagnosed to have Eale s disease by Dr. Mohammed Basheer Mekhri. During the examination, the 2nd O.P. noticed new vessels in both eyes which required laser treatment. Accordingly, the complainant underwent laser treatment in respect of the right eye and due to haemorrhage laser treatment could not be completed to the left eye, and, therefore, the complainant was asked to have laser treatment very early in respect of left eye. But, the complainant approached the O.P. in the year 1995, after 15 long months. On examination of the com -plainant, it was found that the complainant had viterous haemorrhage in the left eye with macular traction. According to the 2nd O.P., this was due to the negligence on the part of the complainant in not heeding to the advice given by him as early as in the month of March 1994. O.P. - 2 advised the complainant to go for Vitrectomy operation and also explained the chances of success and the usual side effects of surgery. Thereafter, the complainant got admitted to O.P. - 1 hospital on 2.1.1996. O.P. -2 after taking all precautions, performed the operation on 3.1.1996. The further case of O.P. - 2 is that all due care was taken and the complainant was looked after well in the hospital.