B K SHARMA Vs. BHARTI EYE FOUNDATION

JUDGEMENT

(1.) THESE two revision petitions, one R.P. No. 477/06 filed by the complainant B.K. Sharma and the other R.P. No. 627/06 filed by Bharti Eye Foundation & Anr. seek to challenge the same order of State Commission, Delhi dated 19.12.2005, vide which, the State Commission has set aside the order of dismissal of the complaint passed by the District Forum in Case No. 445/97 dated 17.9.1999. The State Commission in its order held that the Bharti Eye Foundation and its doctor are liable for medical negligence and, therefore, awarded compensation of Rs. 50,000 including the cost of litigation in favour of the complainant.

(2.) THE complainant has filed this revision petition alleging that the compensation of Rs. 50,000 was too meagre as against his claim of Rs. 4,50,000 whereas the OP -Bharti Eye Foundation and its doctor have challenged the order of the State Commission on the ground that the State Commission has erroneously held them liable; as based on the evidence and proper appreciation of the facts of the case, the District Forum has rightly dismissed the complaint.

(3.) THE case has a somewhat chequered history. For the sake of easy understanding, we will refer Sh. B.K. Sharma as the complainant and the Bharti Eye Foundation -OP No. l and Dr. S. Bharti -OP No. 2, as arrayed before the District Forum.