SHYAM KUMAR Vs. RAMESHBHAI HARMANBHAI KACHHIYA

JUDGEMENT

(1.) This revision petition is filed by Dr. Shyam Kumar against the order dated 31.7.2001 passed by the State Commission, Gujarat, in Appeal No. 196/1997 whereby his appeal was dismissed with costs of Rs. 1,000 to be paid to the complainant. Brief facts of the case are: Shri Rameshbhai Harmanbhai Kachhiya filed Complaint No. 56/95 before the District Forum at Nadiad for the alleged medical negligence and deficiency in service by petitioner. The respondent is a factory worker. In January, 1991, he developed difficulty in vision and approached the petitioner for treatment. Glaucoma was diagnosed in both eyes and the petitioner operated left eye on 9.1.1992 and right eye on 21.4.1992 on an assurance that his vision would improve. The respondent continued check ups and took required medicines but there was no improvement. On 16.6.1992, the petitioner performed cataract operation on right eye, yet there was no improvement. The petitioner referred him to Dr. Shroff at Navsari as the Retina of the respondent's eye was weakened.

(2.) Dr. Shroff has stated that the retina in both the eyes of the respondent is not in a good condition and because of this condition his vision power is bad and the respondent is not having vision in his eyes. The Civil Surgeon of Nadiad has also issued 100% disability (vision) certificate. Taking into consideration of these facts the respondent being unable to see now which he was able to see previously and since he has lost vision after the treatment, a complaint has been filed in the District Forum against the petitioner claiming Rs. 5 lakh as compensation. District Forum held that there is deficiency in service and directed the petitioner to pay a sum of Rs. 1,85,000 with 12% interest from the date on which complaint has been filed and to pay costs of Rs. 300. Appeal to the State Commission by the petitioner herein was dismissed with costs. Hence, he is in revision before us.

(3.) The revision petitioner argued alleging: