DATE OF FILING                    :     18-03-2014.

DATE OF S/R                            :      29-04-2014.

DATE OF FINAL ORDER      :     17-12-2014.

Angura Begum,

wife of Sk. Md. Isa-Haque,

residing at Bishuberia, P.O. Sonamui, P.S. Amta,

District – Howrah………………………………………………………..COMPLAINANT.

• Versus   -

Dr. K. Fariduddin,

an eye specialist & surgeon

having its chamber at Amta, V.I.P. Market, 2^nd floor, Amta,

District – Howrah,

PIN – 711401………….……………………………………………OPPOSITE PARTY.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has  prayed for direction upon the o.p. to pay compensation of Rs. 5 lacs for causing medical negligence and Rs. 3 lacs for causing physical and mental harassment together with Rs. 25,000/- as litigation costs as the o.p., an eye surgeon conducted faulty cataract operation on the left eye of the complainant, a senior citizen.

2. As the notice was not claimed deliberately by the o.p. the matter was heard ex parte.

3.        Two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

1. Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

4. Both the points are  taken up together for consideration. On scrutiny of the papers it appears that the conducted cataract operation on the left eye of the complainant on 07-11-2013 at Sneha Nursing Home and discharged on the same date. Her bandage was removed on 08-11-2013 by the o.p. But she did not get back her eye sight. The o.p. went on giving vague assurance till 02-12-2013 and advised for vitrectomy operation on her left eye. She was to sustain severe pain on her left operated eye since  08-11-2013. Subsequently she had been to Susrut Eye Foundation at Salt lake. On 03-02-2014 Dr. Amiruddha Maity conducted the surgery and her eye problem was ultimately solved.

5. It is, therefore, clear that o.p. is guilty of medical negligence. Either he is not efficient in surgery or did not take proper care during the operation. The complainant is a senior citizen. For wrong surgery, she might have been totally blind. But she has been marginally saved by subsequent operation. We are therefore of the view that this is a fit case where the prayer of the complainant shall be allowed. Both the points are accordingly disposed.            

      Hence,                             

O     R     D      E      R      E        D

      That the C. C. Case No. 146  of 2014 ( HDF 146 of 2014 )  be and the same is   allowed ex parte as against the o.p. with costs.   

      The O.P. be directed to pay a sum of Rs. 50,000/- to the complainant for causing unnecessary pain and sufferings, within  30 days from the date of this order and Rs. 5,000/- as litigation costs.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (    T.K. Bhattacharya  )                                              

  President,  C.D.R.F., Howrah.