GURPREET KAUR Vs. R K BHUTANI

JUDGEMENT

(1.) The unsuccessful complainant in Case No. C-135 of 1990 on the file of the State Commission, Delhi is the appellant in this appeal. The complaint had been filed by the appellant Mrs. Maninder Kaur on behalf of her minor child Miss Gurpreet Kaur seeking to recover a sum ofRs.5 lakhs from the Opp. Party Dr. R.K. Bhutani by way of compensation for the loss of the left eye of the minor appellant by reason of alleged rashness and negligence on the part of the Opp. Party in performing an operation on the left eye of Miss Gurpreet Kaur. The State Commission after a detailed consideration of the evidence adduced in the case came to the conclusion that the complainant has not been able to adduce any acceptable evidence which can lead to the conclusion that there was any negligence or lack of due care and caution on the part of the operating doctor (Opp. Party) and hence no deficiency in service was made out so as to entitle the complainant to claim compensation from the Opp. Party. The complaint petition was accordingly dismissed by the State Commission.

(2.) Mr. Kamlesh Kumar, Advocate appeared on behalf of the appellant and the respondent argued his case in person.

(3.) After carefully considering the arguments submitted on both sides and going through the records, we are in complete agreement with the finding recorded by the State Commission inasmuch as it is fully supported by the evidence available on record.