ORDER

Dr. S.M. Kantikar, Presiding Member.—This revision petition has been filed under section 21(b) of the Act 1986 in challenge to the Order dated 15.09.2016 of the State Commission in Appeal No. 2519 of 2015 arising out of the Order dated 10.11.2015 of the District Commission in complaint no. 4 of 2015.

2. Brief facts are that on 10.02.2014 the Complainant underwent right eye cataract operation in Dr. Sharma Prasad Mukherjee (Civil) Hospital, Lucknow. And advised to take Tab. Wysolone 20 mg. Thereafter, he had pain in the operated eye and consulted Dr. Sachin Tyagi-the Petitioner on 20.03.2014. He diagnosed it as scleral melt disease and prescribed medicines viz. Levobact-eye drop; Soft Drop- eye drop; Panthegel-eye ointment & Saiclodase-Tablet for pain (SOS). Again on 22.03.2014, the Complainant visited the Petitioner wherein it was diagnosed as “Hypopyon” of the operated eye. He changed the medicines to Microflox 1000 mg-Tablet; Moxicipe-eye drop; Fortified Tombramycin-eye drop; Atrocin-ointment. The Complainant again visited the hospital of the Petitioner on 31.03.2014, advised one injection Tramasure. As there was no recovery, on 03.04.2014 the Petitioner referred the Complainant to the Retina specialist. Thereafter, the Complainant approached few eye hospitals and came to know that the Petitioner prescribed wrong eye drops which damaged his right eye. Being aggrieved by the eye damage because of the delayed reference and negligent treatment, he filed the Consumer Complaint before the District forum, Sambhal.

3. The District Forum partly allowed the Consumer Complaint and directed the Petitioner to pay Rs. 50,000/- as a compensation with 9% interest per annum from the date of filing of the Complaint along with the cost of Rs. 1,000/-.

4. The Petitioner appealed before the State Commission, UP at Lucknow; the same was dismissed and the order of the District Forum was affirmed.

5. Being aggrieved by the Order of the State Commission, the Opposite Party / Petitioner has filed the instant Revision Petition.

6. Heard the learned Counsel for both the sides. The Petitioner Dr. Sachin Tyagi was present in person with his learned Counsel. We have perused the medical prescriptions on record.

7. It is an admitted fact that on 20.03.2014, at the first time the Petitioner examined the Complainant for pain in his operated Right eye cataract. We note after examination he diagnosed it as a Scleral Melt and prescribed medicines which are antibiotics and for pain. On 22.03.2014, the 2nd visit he diagnosed Hypopyon of the right eye in which an exudate rich in white blood cells (pus cells), seen in the anterior chamber of eye. Accordingly he prescribed higher antibiotics and eye drops Microflox 1000 mg-Tablet; Moxicipe-eye drop; Fortified Tombramycin-eye drop; Atrocin-ointment, but there was no improvement and then he referred the patient to Retina specialist.

8. The Complainant consulted different eye hospitals namely All India Institute of Medical Science, Delhi Loins Eye Centre and Sahay hospital Research Centre, Jaipur. All the hospitals diagnosed it as scleral melt with endophthalmitis of right eye.

9. To attribute medical negligence, the onus is on the Complainant to establish whether the diagnosis and treatment advised by the Petitioner was as per the reasonable standard of practice.

10. Admittedly the patient underwent Cataract surgery at Dr. Sharma Prasad Mukherjee (Civil) Hospital, Lucknow. Post-surgery he developed pain in his operated eye, which was examined by the petitioner and diagnosed as a Scleral melt. From the books on Ophthalmology the Scleral Melt is Scleral inflammation and necrosis can occur at variable time intervals after different anterior and posterior segment ocular surgeries including pterygium, cataract extraction, trabeculectomy, vitrectomy, and penetrating keratoplasty. A number of systemic diseases have been associated with surgically induced necrotizing scleritis. In the instant case already there was infe