ANMOL CHITLANGIA Vs. PERFECT VISION LASIK LASER CENTRE & ORS ; VIRENDRA KUMAR AGGARWAL; ANJALI KATARIA; SAMEER SOOD; KAMAL B KAPOOR

JUDGEMENT

(1.) The eyes are probably the most important and interesting part of the human face. LASIK eye surgery is a routine procedure conducted to correct vision problems and grant people the opportunity to live a life free of contacts or glasses. Generally, the procedure is safe. However, when things go wrong, complications may be serious and the patients could be entitled to collect damages for their injuries.

(2.) The complainant alleged that, as a result of negligence, reckless Lasik surgery performed by OPs, he became practically blind, unable to see anything in the broad day light, unable to operate computers for accounting or research purpose. Also he cannot drive or even walk alone without the assistance of an escort; he cannot supervise his agricultural operations or work as partner in the Finance Co. and is under constant threat of being removed from the partnership business of Finance/Accounting and marketing. That in spite of having such contacts, prestigious social reputation, a glaring future, he cannot even think of getting a suitable match congenial with the status of his family, several matrimonial alliances were forced to be withdrawn. Overall the complainant has been reduced just to vegetable and has lost all self esteems physical incapacitation resulting into loss in business. Thus he needs full time assistants, a driver for the rest of his life. Hence, the complainant filed a complaint on 26/3/2002 before this Commission and prayed for Rs.77,12,000/- with other reliefs as prayed in the prayer clause.

(3.) In the defense the opposite parties denied all allegations of complainant and no cause of action to claim any amount. OPs filed their respective affidavits of evidence and interrogatories. OP-4-Dr. Sameer Sood submitted that, he is a qualified doctor and took training in USA for Lasik. He is an expert and has performed live surgeries on National TV Network during the year 2000-2001. He is actively involved in surgical training of fellow ophthalmologists and senior colleagues in Lasik Phaco procedures from all over India. Therefore, the OP-4 had necessary expertise in performing the Laser and Phaco surgery. The counsel for OP-5 submitted that OP-5, Dr. Kamal Kapoor is a renowned Ophthalmologist having nine years of experience. He took super specialty training in ophthalmic lasers from Sweden.