PARVATIBEN BHIMJIBHAI RATHOD Vs. SHIVKUMAR CHANDRA SHEKHAR

JUDGEMENT

(1.) Both these revision petitions have been filed against the common order dated 08.02.2008 by which the Gujarat State Consumer Disputes Redressal Commission (for short 'the State Commission') dismissed Appeal No. 837 / 2006 filed by the petitioner for enhancement in the amount of award passed by the District Forum and accepted the Appeal No. 367 / 2002 filed by the respondent no. 1 for setting aside the order of the District Forum passed on 11.02.2002. They are being disposed off by this common order.

(2.) Both the revision petitions have been filed by the original complainant and the respondents in both these revision petitions were opposite parties 1 & 2 respectively before the District Forum. For the sake of convenience, the parties hereto have been referred to as the complainant and the opposite parties.

(3.) Briefly stated, the complainant, who is a resident of Bhavnagar earns her livelihood by engaging herself in miscellaneous labour work. As she had to undergo a cataract operation of left eye, she was admitted in the OP No. 2 hospital in which OP No. 1 is an eye surgeon. It is not in dispute that she paid the fee for her admission and charges demanded by the hospital. It is alleged by the complainant that there was negligence on the part of the OP Doctor while administering the anaesthesia injection into her eye which caused damage to it and even though she was rushed to Civil Hospital, Ahemdabad by taxi, the Doctor there informed her that due to serious mistake of the OP Doctor, the damage to the eye of the complainant could not be restored. Alleging carelessness on the part of the OP Doctor while carrying out the operation, the complainant knocked the doors of Consumer Fora by lodging a complaint with the District Forum, Bhavnagar. On notice, the Opposite Parties resisted the complaint. On appraisal of the issues and the evidence placed before it and after hearing the parties, the District Forum vide its order dated 11.02.2002 accepted the complaint and awarded an amount of Rs.25,000/- by way of compensation with interest @12% p.a. from the date of complaint till its actual payment. Aggrieved by this order, the opposite parties challenged the same before the State Commission by filing appeal for its dismissal. The complainant also filed another appeal praying for enhancement in the amount of the award. The State Commission by its impugned order, as stated above, accepted the appeal of the opposite parties and set aside the order of the District Forum. Accordingly, the appeal of the complainant for enhancement was also dismissed by the impugned order.