NARINDER SINGH Vs. ASHOK SHARMA (DR.)

JUDGEMENT

(1.) These appeals have been filed against the order dated 7.3.2007 passed by the State Consumer Disputes Redressal Commission, U.T. Chandigarh ( in short, the State Commission') in Complaint Case No. 63/2006. The complaint before the State Commission was filed by the complainant Narinder Singh, aged about 75 years alleging medical negligence and deficiency in service on the part of the Dr. Ashok Sharma for having wrongly and negligently conducted operation of his left eye (eye with better vision) instead of right eye (eye with negligible or no vision) for which the complainant had approached the said doctor. The complainant claimed a compensation of Rs. 25 lakh from the doctor for the alleged negligence/deficiency in service. The complaint was resisted by the doctor denying any negligence or deficiency in service on his part and it was maintained that the left eye of the complainant was operated under his instructions and instructions of his son and also after obtaining due consent for the same. The State Commission, going by the respective pleas and the material brought on record, held the doctor guilty of the negligence/deficiency in service as a result of which the complainant became blind and consequently allowed the complaint partly and directed the doctor to pay a compensation of Rs. 1 lakh for the loss of left eye besides ordering him to refund the fee of Rs. 38,500 which doctor had charged for the said operation with the stipulation that the total amount shall carry interest @ 9% p.a. from the date of filing of the complaint till payment.

(2.) AGGRIEVED by the impugned order of the State Commission, both sides have chosen to assail the order by filing appeals. Appeal No. 226/07 has been filed by Dr. Ashok Sharma challenging the very findings of the State Commission, while Appeal No. 224/07 has been filed by the complainant Narinder Singh seeking upgradation of relief by enhancement of compensation so awarded by the State Commission.

(3.) WE have heard Mr. R.S. Bains, learned Counsel for the appellant -doctor and Mr.Jagdish Dhawan, learned Counsel representing the complainant at length and have given our thoughtful consideration to their submissions as also we have gone through the entire evidence and material obtaining on record.