B.K. Tamini, Member— The appellant was the Opposite party before the State Commission where the complainant had filed a complaint alleging medical negligence on the part of the Appellant.

2. The brief facts of the case are that the complainant having some problem in his eye approached the appellant Doctor who prescribed certain tests. The complainant got all the tests carried out except for B-Scan. Upon receipt of these results the petitioner carried out an eye surgery and during surgery it was found that this was a case of retina detachment which was in a bad shape and in view of which an Intra Ocular Lens (IOL) was not implanted. The condition of the operated-upon-eye

went bad and he lost his eye. The complainant visited again and again

and second surgery was carried out on

2-2-1994 but there was no improvement and finally on 16-11-1994 the complai-nant was told by the Doctor that the eye could not be cured. It is in these circums-tances the complainant filed a complaint before the State Commission alleging medical negligence who after hearing the parties held the Doctor to be negligent and directed him to pay Rs. 1 lakh as compensation. Aggrieved by this order, this appeal h