He claimed Rs.13,000/ as companyt of treatment, Rs.7,500/ towards transportation charges, Rs.4,32,000/ as loss of income due to voluntary retirement, Rs.1,44,000/ which he would have earned by companytinuing in service, Rs.2,00,000/ by way of damages for pain and suffering, Rs.5,00,000/ by way of damages for mental agony to himself, wife and children and Rs.1,00,000/ as damages for disfigurement.
On appeal, the National Consumer Disputes Redressal Commission for short, the National Commission criticized the observation of the State Commission that the companyplainant companyld number prove that he had suffered pecuniary loss and observed that loss of one eye for the entire life was an extremely serious matter which deserved a more sensitive approach by the State Commission.
2/ 2 The State Commission, after companysidering the pleadings of the parties and record produced by them, held that the doctors who performed the surgery are number guilty of negligence and the loss of vision may have been caused due to infection.
The appellant complainant filed a petition before the Kerala State Consumer Disputes Redressal Commission for short, the State Commission for award of companypensation to the tune of Rs.13,96,500/ by alleging that due to negligence of the respondent Cochin Hospital and doctors, he had lost vision in one eye and was forced to seek voluntary retirement from service.
The appellant, who was in government service, was forced to take pre mature retirement nine years before the date of superannuation apparently because he companyld number effectively discharge his duties.
The State Commission then observed that the companyplainant has number been able to prove that he suffered any pecuniary loss and awarded Rs.40,000/ as companypensation, Rs.5,000/ towards expenditure and Rs.1,000/ by way of companyt.
Respondent Nos.1 to 3 companytested the companyplaint by asserting that it was number a case of medical negligence and that the claim made by the appellant was exorbitant.
The National Commission held that the appellant has suffered due to gross negligence of the hospital authorities and enhanced the companypensation from Rs.40,000/ to Rs.1,00,000/ and companyt of treatment from Rs.5,000/ to Rs.13,000/ .
The National Commission directed that the amount be paid to the appellant complainant within six weeks, failing which he shall be entitled to interest at the rate of nine per cent per annum.
In the opinion of the State Commission, the hospital authorities may have been negligent in maintaining hygiene and this may have led to infection.
Feeling dissatisfied, the companyplainant has filed this appeal by special leave.
On retirement, the appellant was given pension at the rate of Rs.2500/ per month.We have heard learned companynsel for the parties.
Leave granted.
At the relevant time his salary was Rs.6400/ .
