COMTRUST EYE HOSPITAL Vs. V. SIRAJUDEEN

JUDGEMENT

(1.) These two revision petitions arise out of a common complaint of medical negligence filed by Shi V. Sirajudeen before the District Consumer Disputes Redressal Forum, Kozhikode. Revision Petitioner, Comtrust Eye Hospital in RP 4117 of 2011 was OP-1 before the District Forum. Revision petitioner Dr. Sreekanth Karat in RP No.4154 of 2011 was OP-2 before the District Forum. The complaint was allowed and OPs were directed to pay a compensation of Rs.4 lakhs to the Complainant. This decision was challenged in two separate appeals before the Kerala State Consumer Disputes Redressal Commission and was decided by a common order. The State Commission has allowed the appeals partially by reducing the compensation amount to Rs.2 lakhs. The two revision petitions, are filed by the two OPs, challenging the common order of Kerala State Commission.

(2.) We have carefully perused the records filed by the parties. Mr. Shyam Padman, Advocate has been heard on behalf of the two revision petitioners and Mr. Raghenath Basant, Advocate on behalf of the respondent/Complainant. The impugned order has been challenged on identical grounds in the two revision petitions. Therefore, both are taken up for decision through this common order.

(3.) Brief facts as seen from the records, are that the Complainant underwent surgery of his left eye for cataract at OP-1 hospital on 28.5.2001. Postoperative complaints of irritation and uneasiness in the operated eye were treated by the OPs, but without relief. On 2.6.2001, he was referred to Giridhar Eye Institute for better treatment. He was diagnosed to have pseudophakic endophalmitis. Result of Vitreous biopsy showed pseudomonas aeroginosa. Thereafter he was referred to Madras Sankar Netralya, for expert advice. Eventually, the Complainant lost his vision in the left eye.