P C DWIVEDI Vs. KAMALABAI PANDEY

JUDGEMENT

(1.) This is an appeal filed by Dr. P. C. Dwivedi, Professor and Head of the Department, Department of Opthalmology, Govt. S. S. Medical College, Rewa against the order dated 21.8.2001 passed in Case No.376/1997 by the District Consumer Disputes Redressal Forum, Rewa (for short the 'district Forum' ).

(2.) The facts of the case in brief are that the respondent/complainant Smt. Kamalabai Pandey, consulted the appellant on 3.12.1996 at his residence. The appellant advised cataract operation of her eyes. The respondent No.1 was admitted in the Government Hospital on 6.12.1996 and her left eye was operated on 7.12.1996 and Intra-Ocular Lens (IOL) was implanted. She was discharged on 12.12.1996 but she was having pain in the eye, therefore, she contacted the appellant on 19.12.1996 who prescribed some medicines but when there was no relief, therefore, on 24.12.1996 appellant again examined her left eye and told that infection has developed in her eye, therefore, another operation will have to be conducted and the lens implanted has to be removed and for that there is no facility in the Government Hospital, hence, advised to go to Nagpur or Chennai. She consulted Dr. S. C. Batalia, on 25.12.1996 at Jabalpur who referred to Dr. Prashant Agnihotri of Nagpur who performed some operation on 26.12.1996 and charged Rs.16,500/-. She was discharged by Dr. Prashant Agnihotri on 27.12.1996 still there was no improvement, therefore, she consulted Dr. S. C. Batalia of Jabalpur on 1.1.1997 who admitted her in his hospital but as infection had developed and there was no chance of regaining vision in this eye and to save right eye it was necessary to remove the infected eye, therefore, on 2.1.1997 Dr. S. C. Batalia of Jabalpur removed her left eye.

(3.) It is alleged by the complainant/respondent No.1 that the appellant Doctor had examined her right eye and has made all necessary arrangements for operation of cataract of right eye but negligently operated her left eye. The operation was not conducted properly, therefore, infection developed as a consequence of that she has lost her eye permanently. She, therefore, approached the District Forum claiming a compensation of Rs.1,00,000/- for medical negligence in performing first operation by Dr. P. C. Dwivedi and Rs.35,000/- from Dr. Prashant Agnihotri because he knowing the fact that she has lost her eye sight still he unnecessarily operated her eye and charged Rs.16,500/-. She has also claimed a compensation of Rs.75,000/- of the expenditure incurred in treatment and in consulting other Doctors, hence total claim of Rs.1,75,500/- from appellant and Rs.35,500/- from the respondent No.2. The claim was resisted by the appellant. The District Forum after appreciation of evidence adduced by both the parties held that Dr. P. C. Dwivedi was responsible for negligently operating the eye of the complainant. However, Dr. Prashant Agnihotri of Nagpur who had performed another operation was not found negligent, therefore, no order was passed against him. Appellant Dr. P. C. Dwivedi has preferred this appeal against this order.