Kunja Bihari vs State Of Orissa And Others
2021 Latest Caselaw 11070 Ori

Citation : 2021 Latest Caselaw 11070 Ori
Judgement Date : 28 October, 2021

Orissa High Court

Kunja Bihari vs State Of Orissa And Others on 28 October, 2021

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P.(C) No.3300 Of 2013
                              (Through hybrid mode)

        Kunja Bihari                               ....             Petitioner

                                                   Mr. B. Parida, Advocate
                                       -versus-

        State of Orissa and others                 ....      Opposite Parties
                                                      Mr. P.C. Panda, AGA

                    CORAM: JUSTICE ARINDAM SINHA
                                      ORDER

28.10.2021 Order No.

5. 1. Mr. Parida, learned advocate appears on behalf of petitioner and submits, his client lost his eyesight as consequence of treatment procedure by J.P.M. Rotary Eye Hospital & Research Institute, Bidanasi, Cuttack. He seeks relief of compensation. He relies on judgment of a Division Bench of this Court in Sri Prabir Kumar Das -Vrs.- Commissioner -cum- Secretary, Health Department, Government of Orissa reported in 2012 (II) OLR 81.

2. Mr. J. Patnaik, learned advocate appears on behalf of opposite party no.3 and submits, in paragraphs-3 to 7 of his client's counter it was stated that petitioner was taken as a patient under free cataract surgery screen camp. There was risk regarding the surgery, which was explained to petitioner. He did not appear for follow up treatment. There was no negligence by his client.

3. Mr. Panda, learned advocate appears on behalf of State and submits, his client has unnecessarily been impleded.

// 2 //

4. Paragraph-2 in the rejoinder deals with paragraphs nos. 2 to 8 in the counter. There is no denial that petitioner did not turn up for follow up treatment. Be that as it may, since facts are that petitioner received treatment in a free camp and he relies on a judgment delivered in a public interest litigation, this Bench releases the petition, to be placed before the Bench having determination over public interest litigation.

(Arindam Sinha) Judge Sks