Order Date: 25.11.2022
Today is fixed for hearing of the petition dt. 30.06.2022 submitted on behalf of the OP No.1 and further order.
Complainant files hazira. OP also files hazira.
The petition dt. 30.06.2022 filed by the Ld. Advocate on behalf of the OP No.1 is taken up for hearing .
It is stated in the said petition that OpNo.1 Dr. B.P. Mohanty expired on 06.05.2022 at Aswini Hospital, Cuttack and in support of it Xerox copy of death certificate has been filed. Accordingly, it is prayed that the name of the OP No.1 be expunged.
Perused the case record, the petition and the copy of the death certificate.
It appears that the complainant has filed this case against the OP No.1 Dr. B.P. Mohanty and the OP No.2, proprietor of Life Line Medicare & Orthopedic Center, Asansol on the grounds of medical negligence. The certificate of death discloses that OP No.1 Dr. Bibhu Prasad Mahanti (Dr. B.P. Mahanti) has expired on 06.05.2022 at Oswini Hospital, Cuttack and from the complaint it is seen that the allegation of negligence is against the OP No.1 and no such grave allegation of negligence has been depicted against the OP No.2.
In a case of medical negligence, the person who committed negligence is only liable for his act and no other person shall be liable against the act of negligence committed by the said person and when the person who committed negligence dies, the liability is died with the death of the said person. The legal maxim “Actio personalis moritur cum persona” is applicable here. Right of action dies with the death of the person.
Under the above facts and circumstance of the case, we are of opinion that this case could not be preceded further.
Hence, it is
ORDERED
that the case be and the same is disposed of in the view of the above findings.
Let a copy of this order be given to the parties on free of costs.
Member Member President
D.C.D.R.C., Purba Bardhaman D.C.D.R.C., Purba Bardhaman D.C.D.R.C., Purba Bardhaman
