D PHILIP Vs. NARAYANA NETRALAYA

JUDGEMENT

(1.) THIS complaint is filed on 2.3.1999 by the above person against the above O.Ps. 1 and 2, praying for grant of Rs. 600 lakh as damages, and compensation to the complainant, direct the above O.Ps. to pay the same with interest from the date of complaint till payment @ 18% p.a. in the interest of justice and equity.

(2.) PATIENT had insisted for the scanning of his right eye in OP 1 Hospital, which was refused by them, as not available there, and it is only done in Manipal Hospital, and only after 2 months can be done, as told by OP 2, when patient got him examined in MINTO Hospital on 24.4.1998, Doctor there told that the eye is alright, but because of the presence of foreign object in the eye, there is severe pain, which is intolerable, which made him to go to OP 1 Hospital, on the advice of Dr. Ravi of Kapila Clinic, and went in good faith with an intention that his eye will be operated by an experienced expert Doctor, and they will be able to remove the Iron piece, a foreign object in the eye. But due to negligence of the Doctor, OP 2 and deficiency in service, his right eye was damaged beyond all hopes, mainly because of inexperience and negligence on the part of OP 2 Doctor. When X -ray and Scanning was done, it was found that they operated his eye in a negligent manner resulting the loss of eye sight of the right eye of the patient. Operation is done for consideration as paid, and OPs 1 and 2 rendered service to him, as such he is a consumer under the Consumer Protection Act. OPs are bound to render service under the above Act. Because of negligence of OP 2 Dr. K.S. Kumar, who is working in OP 1 Hospital. OPs are liable to pay compensation to the patient, who had filed the complaint. His job is with drilling Machines, and eyes are most important for that nature of job, as an important organ in his day to day work. It has been lost and he is totally blind of the right eye, and his efficiency is dropped, and lost promotion in the employment. He is not able to move freely, because loss of sight in the right eye. For these losses, OP 2 is liable to pay Rs. 5.00 lakh to him. D. Philip, original complainant has got a daughter to look after her and also his wife. He has lost opportunity to earn more due to negligence on the part of O.Ps. 1 and 2. OP 1 Hospital is liable to pay Rs. 1.00 lakh. Complaint is in time. It was filed before the District Forum which returned, as claim exceeds its jurisdiction.

(3.) VERSIONS of OP 1 Hospital is complaint is liable to be dismissed as instead of representing the original complaint returned by the District Forum in Complaint No. 1117/1998 after it filed the version there as to jurisdiction, the new complaint is filed before the Commission, adding OP 2 as a party on the basis of objection filed by it. Different stand is taken in the present complaint. On 25.4.1998, complainant D. Philip visited OP 1 Hospital at about 10.00 a.m. with reference letter of Dr. K. Ravi of Kapila Eye Clinic. He was referred to OP 2, who treated him. Normally Rs. 20,000 is the Hospital charge for such operation required to be performed by OP 2 to the patient. Looking to the financial background of the patient, and on his request 50% concession was given by fixing Rs. 10,000 as hospital charges, which is normally to be settled before discharge from OP 1 Hospital. D. Philip was allowed to pay at his convenience, and be paid on 1.5.1998. There was no demand for money. OP 2 Dr. Kumar who treated the patient is a duly qualified Doctor with vast experience in the field. He has conducted over 70 operations of the similar nature performed on the patient. He is trained in Shankar Nethralaya, Chennai, in treating cases, are in question, and awarded Gold Medal for best Utreoretinal fellow. He worked as Registrar in Vitreo Retina at Lions Eye Hospital, Bangalore. He also received additional training at Nagoya Hospital, Japan for handling Retinal diseases. OP 1 hospital is a super speciality and referral Hospital just like Dr. K. Ravi, a qualified Surgeon, other eye Doctors refer their cases, needing special care in regular basis, because of the facilities and trained man power. Service rendered by OP 1 Hospital is well appreciated by Lions Club International and Rotary Club, an international institution. It is awarded with vocational excellence award, produced. OP 1 Hospital conducts eye camps on regular basis at various places, apart from in the Hospital premises OP 1 and its team have conducted 55 eye operations in rural areas in which 45000 free eye cataract, and 30 free cornea grafting operations have been performed since 1995, more than 20000 children have been examined in about 20 schools in free eye servicing programme. In deserving cases, maximum possible concessions are given. OP 2 has taken maximum care in the instant case of the OP patient, and there is no negligence in his duty towards him. By the time complainant patient reached OP 1 Hospital, his right eye was damaged extensively due to inordinate delay of more than 24 hours, neither OP 2 nor OP 1 Hospital can be attributed with any negligence. In view of the seriousness, prior to operation, special consent was obtained, apart from regular consent after explaining the treatment to be given to the patient complainant is not entitled to any compensation as claimed which is misconceived. OP 1 is not liable to pay it. OP 1 hospital and OP 2 doctor have been duly insured with New India Assurance Co., under the Policy No. 4867150004167. If any compensation were to be awarded, insurer is to pay the same to complainant. There is a non -joinder of the Insurance Company complainant has been instigated by others, with ulterior motive to malign the name of OP 1 institution, and also to make wrongful gain to lodge the complaint which has to be dismissed with costs.