IMPORTANT POINT
The right to file revision also has concomitant responsibility of its professional conduct.

ORDER

Learned proxy counsel for the petitioners is present, and requests for an adjournment.

2. Learned counsel for the respondents is present.

3. We have perused the entire material on record, and also including inter alia the earlier proceedings/Orders.

4. The District Forum vide its Order dated 13.12.2012 had allowed the complaint:

Relying upon the above materials we are convinced to hold that retina was damaged during the operations done by the O.Ps but that was not for cussed however second operation by O.P. proves that second operation was done to treat retina disease but peculiar factor is that before first operation and or after that there was no such history of retina diseases of the complainant except cataract.

It actually there was history of retina diseases and detachment alongwith cataract in that case Dr. R. C. Paul should not operate cataract and when cataract operatin was done what was the need for second operation that has not been explained by the O.Ps in their written version or by any hospital documents and at the same time O.Ps have failed to prove and to explain why the complainant has lost his eye sight after simple routine cataract surgery and relying upon all the above material and also applying the principle of res ipso loquitor we are convinced to hold that O.Ps are jointly negligent in performing treatment and operation and rendering care and management in treating the complainant’s eye and for which complainant lost his vision and eyesight of right eye when no negligence on the part of the complainant is proved in this case.

In the result, the complainant’s case succeeds.

Hence

Ordered,

that the complaint be and the same is allowed on contest with cost of Rs.10,000/- against the OPs.

O.P. Nos. 1 & 2 are directed to pay a compensation of Rs.5,00,000/- to the complainant as compensation for lost of his one eye during the service period of the complainant and also for mental agony and harassment for deficiency and negligent manner of service on the part of the O.P. Nos. 1 & 2 in rendering service in favour of the complainant and also for damaging the eye of the complainant.

O.P. Nos. 1 & 2 are hereby directed to deposit the entire decretal amount to this Forum for disbursement of the same to the complainant within one month from the date of this order, failing which for each days delay in payment of the decretal amount they shall be liable jointly and severally to pay a penalty of Rs.500/- each till full satisfaction of the decretal dues and if said amount is realized in that case 50% of the said amount shall be paid to the complainant and balance 50% shall be deposited to the State Consumer Welfare Fund.

Opposite parties are directed to comply the order strictly failing which penal action shall be taken against them.

(extracts from the District Forum’s Order)

5. The State Commission vide its Order dated 05.09.2016 had disallowed the appeal filed by the opposite parties:

Admittedly, the Complainant underwent right posterior capsular cataract surgery on 07/01/11 at about 1 p.m. and was discharged on the same day at 2 p.m. It also appears that the next date of check up fixed on 17/01/11. From the materials on record it appears that the Complainant had applied the eye drop and followed the instructions given by the doctor and appeared before the doctor for check up on 17/01/11. It is the case of the Complainant that the OP No. 2 Dr. R. C. Paul told that a second operation was necessary for removal of some old lens particles which were still lying inside the right eye. It has been stated in paragraph 20 of the W.V. that during cataract surgery there was rupture due to old lens particles. It further reveals that the Complainant was referred to OP No. 3 Dr. C. Bhat for the second operation. It is evident from the fact as stated above that the remaining old lens particles in the right eye was the cause of the complications which the OP No. 2 could not mange and the subsequent operation