SC upholds Rs 6.10 lakh compensation for 3-year-old boy

A three-year old boy who lost vision on his left eye due to medical negligence will receive a compensation of Rs 6.10 lakh with the Supreme Court Tuesday directing the doctor to pay the amount.

Updated: Jun 08, 2010, 20:55 PM IST

New Delhi: A three-year old boy who lost
vision on his left eye due to medical negligence will receive
a compensation of Rs 6.10 lakh with the Supreme Court Tuesday
directing the doctor to pay the amount.

A bench of Justices Deepak Verma and K S Radhakrishnan
dismissed the petition filed by the Lucknow-based eye
specialist Dr V K Garg challenging the April 15, 2010 order of
the National Consumer Disputes Redressal Commission to pay
compensation of Rs 6.10 lakh to the boy Mohd Anas, son of Mohd
Meraz.

"At least sometime be honest, sincere and committed," the
bench in a terse observation said while dismissing the appeal
filed by the doctor.

The apex consumer forum had earlier upheld the findings
of the District Consumer Forum and the UP State Consumer
Commission which had held that the doctor had been negligent
and the boy`s loss of vision occurred due to alleged
carelessness displayed by Garg while performing the surgery.

It was alleged that the doctor left behind an elongated
metallic wire in the boy`s left eye.

It was the case of the victim`s family members that Anas
suffered injuries on the left eye on October 5, 2003 after a
cracker exploded during the Dushera festival when an effigy of
Ravana was being burnt.

Though he was operated upon by Garg, the boy suffered
unbearable pain, loss of vision and other complication for
over a month following which he was rushed to another eye
specialist Dr A K Paul who operated upon him during which the
metalic wire was retrieved from the eye. The said foreign
object was presumed to have been left behind by Garg.

The District Consumer Forum, the State Consumer Forum and
the apex forum recorded a concurrent finding holding Garg
negligent for the boy`s plight following which he appealed in
the apex court.

PTI