NAVJYOTI EYE CENTRE Vs. MOHD ISLAM

JUDGEMENT

(1.) The facts in brief are that the complainant/patient Mr. Mohd. Islam's right eye was injured by hitting of iron rod on 27.10.2000. He took treatment from LNJP Hospital, Guru Nanak Eye Centre from 27.10.2000 to 4.11.2000. Thereafter, being not satisfied with the treatment of said government hospitals, complainant approached the OP Dr. Vivek Pal, Navjyoti Eye Centre on 12.5.2001. OP assured him that, eye sight would be restored as before, during the course of treatment. The OP performed another surgery on 16.5.2001. OP put some fluid in his operated eye, which caused further pain, but OP assured of relief soon, but no avail further. Again on 8.8.2001, the silicon oil was removed from his eye. The OP did not fix a lens in the operated eye despite patients several requests. The complainant alleged that, the OP and his associate doctors were experimenting on his right eye. Thereafter he went to Parmanand Hospital, wherein it was observed that he had developed infection because silicon oil was put in his eye. Thus, on the advice from Parmanand Hospital, he went to AIIMS, remained there form 11.08.2001 to 18.08.2001. The doctors at AIIMS Hospital observed that some silicon oil was present in his right eye. The doctors at AIIMS hospital removed the same after which the patient felt better. Thus, the complainant alleged that because of negligent treatment given by the OP, his right eye became completely blind, its 30% disability. He suffered continuous headache, watering in the left eye. Therefore, complainant filed a complaint No. 64 of 2003 before District Consumer Disputes Redressal Forum (Central), Delhi on 26.10.2002 and prayed for compensation of Rs.1,50,000/- along with interest @20% per annum.

(2.) The District Forum, vide its order dated 19.7.2007 held the petitioner liable and directed to pay Rs.2,00,000/- as compensation and Rs.5,000/- towards the litigation to the complainant.

(3.) Against, the order of District Forum, the OP preferred First Appeal No. 670 of 2007 before the State Commission. The State Commission by its order dated 5.8.2008 reduced the compensation from Rs.2,00,000/- to Rs.50,000/-.