Order No: 05                                                                                      Date: 26 /09/2024

This  case record is taken up for consideration for passing order in this MA Case which has been initiated by the applicant side ( Complainant of CC Case No. 243/2017) for seeking Expert opinion of Dr. B.K. Sikdar,  Gynaecologist & Obstetrician, Member of IMS or any report from CMOH.

This  prayer of the complainant side is contested by OPs.

The argument highlighted by Ld. Advocates of both sides has been heard in full.

Considered submission.

It is the main point of contention and argument of the applicant side that the report of the Expert is very much essential for establishing the case of the medical negligence.

On the other hand the OP in course of hearing pointed out that the report of CMOH, Howrah is lying with the case record.

For the purpose of arriving at just and proper decision of this MA Case and for determination of the prayer of the applicant side, there is urgent necessity of making scrutiny of the material of this case record of Complaint Case No. 243/2017.

After going through  the material of this case record of Complaint Case No. 243/2017 ( wherefrom this MA Case has been cropped up) it appears  that there is a report of CMOH, Howrah and that report is lying in this case record and it is within the knowledge of the complainant side.  In spite of existence of the Expert Report which is given by CMOH, Howrah.   The complainant side is intending to collect further evidence by initiating this MA Case which is not desirable.  Moreover, on close scrutiny of the MA application it is revealed that the applicant side has prayed for seeking Expert opinion of  Dr. B.K. Sikdar

Gynaecologist & Obstetrician (Member of IMS) or any report of CMOH, Howrah.

The application which is filed by applicant side is clearly reflecting that the applicant is also relying on the report filed by CMOH, Howrah.

In  order to cause further delay in the matter of disposal of this case which is pending from the year 2017 and which is pending at the stage of argument, the complainant side is trying to cause delay which is not desirable.

Considering all the above noted factors this District Commission is of the view that there is no merit in the application which has been filed by applicant / complainant  side in this MA Case.

So, this MA Case is dismissed on contest.  No order is passed as to cost.

Dictated & corrected by me

President