M.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)

APPEAL NO. 534/2008 The New India Assurance Company Ltd.

290, Napier Town Jabalpur (M.P.) ... Appellant VERSUS.

1. Kripa Shankar Tiwari ( Now Deceased)

Through his legal heirs :-

(i) Smt. Saraswati Tiwari (wife)

(ii) Ashish Tiwari (son)

(iii) Anil Tiwari (son)

All resident of -

House No. 89, Jai Prakash Nagar Adhartal, Jabalpur (M.P.) (iv) Smt. Laxmi Shukla W/o Ravishankar Shukla R/o Jagdish Temple Compound Gadha Pathak Jabalpur (M.P.)

(v) Smt. Urmila Shukla W/o Vijay Shukla A/o Aakriti Apartment South Civil Lines Jabalpur (M.P.)

2. Dr. RK. .Khare, Vatika Duples Saint Norbat School Road Near Church Bhawartal (M.P.) ….. Respondents APPEAL NO. 1444/2008 Dr. R.K. Khare S/o R.P. Khare Aged about 53 years By Occupation:

Ophthalmologist R/o Vatika Duplex Saint Norbat School Road Near Church Bhawartal (M.P.) ... Appellant VERSUS.

1. Kripa Shankar Tiwari ( Now Deceased)

Through his legal heirs :-

(i) Smt. Saraswati Tiwari (wife)

(ii) Ashish Tiwari (son)

(iii) Anil Tiwari (son)

All resident of -

House No. 89, Jai Prakash Nagar Adhartal, Jabalpur (M.P.) (iv) Smt. Laxmi Shukla W/o Ravishankar Shukla R/o Jagdish Temple Compound Gadha Pathak Jabalpur (M.P.)

(v) Smt. Urmila Shukla W/o Vijay Shukla A/o Aakriti Apartment South Civil Lines Jabalpur (M.P.)

2. The New India Assurance Company Ltd.

290, Napier Town, Jabalpur ... Respondents

BEFORE;

HON’BLE JUSTICE SUNITA YADAV, PRESIDENT

HON’BLE DR. MONIKA MALIK, MEMBER

COUNSEL FOR THE PARTIES:

SHRI MANOJ SHAHI, LEARNED COUNSEL FOR COMPLAINANT SHRI DEEPESH JOSHI, LEARNED COUNSEL FOR OPPOSITE PARTY NO.1-

DR. R.K. KHARE.

SHRI MAHAVIR BHATNAGAR, LEARNED COUNSEL FOR OPPOSITE PARTY NO.2-THE NEW INDIA ASSURANCE COMPANY LTD.

O R D E R ( 31.07.2025 )

The following order of the Bench was delivered by Dr.

Monika Malik, Member.

This order will govern disposal of above mentioned two appeals No.534/2008 by the opposite parties No.2- The New India Assurance Company Ltd. and 1444/2008 by opposite party No.1-Dr.R.K. Khare, as they arise out the same order dated 29.12.2007 passed by the District Consumer Disputes Redressal Commission, Jabalpur (for short ‘District ‘Commission’), in complaint case No. 109/2005, by which the District Commission has allowed he complaint filed by the complainant. For convenience facts are taken from appeal No.

534/2008, unless otherwise state.

2. Facts of the case in brief are that the complainant approached the opposite party No.1 on 25.12.2002. He was advised to get his sugar level tested for cataract surgery to be performed. The complainant got the test done from Gaurav Diagnostic Centre, Adhartal, Jabalpur and it was found to be normal. It is alleged that on account of busy schedule of appellant/Doctor, surgery was postponed for the following day and then again for 2-3 days. The complainant was assured by ]the doctor that the cataract surgery would be done on 1.1.2005, after the doctor is back from attending an Eye Camp from Chhindwara. The complainant was finally operated on 2.1.2005, for which he paid Rs.5,000/-. He was relieved the same day and was asked to come on 3.1.2005 for opening of the bandage. When the bandage was opened he observed that he lost vision of his right eye. He was again called on 7.1.2005, when the doctor administered an injection and advised for blood sugar test and on test the blood sugar level was found 261.8 mg, which is considered to be very high. He alleged that despite treatment there was pus discharge from his eye. The complainant alleged that the doctor operated right eye of the complainant on 2.1.2005 on the basis of blood sugar report of 25.12.2004 and did not obtain fresh blood sugar test report before surgery. When the complainant consulted Dr. Khare on 17.1.2005, the complainant was referred to Shankar Netralya for Vitrectomy treatment. He alleged that the operation was done without blood sugar test, which caused acute problem in his eye and the doctor has been negligent and deficient in s