ORDER NO. 4 DT. 14.6.11

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Appellant through Mr. Sanat Sil and Respondent through Mr. Ashoke Biswas along Mr. Padmanava Biswas, Ld. Advocates, are present.  Heard the Ld. Advocates.  Judgement is delivered as under :-

This Appeal is by the complainant against order dt. 27.8.10 passed by the Bankura District Consumer Forum in Proceeding Case No. 25 of 2010 whereby the complaint itself has been dismissed without admission of the same for adjudication on merits only on the ground that the complaint was not supported by expert evidence of medical negligence and further involves complicated questions as to medical negligence.  In view of the recent decisions of the Hon’ble National Commission as well as the Hon’ble Supreme Court the above impugned order cannot at all be sustained.  It has been clearly held that for the purpose of admission of a complaint in a medical negligence case, the prior expert opinion is not a must.   In view of the recent decisions as above we are unable to sustain the impugned order.  The same is set aside.  The Appeal is thus allowed.  The complaint case is sent back on remand to the Forum below for fresh trial on merits in accordance with law.  Since much time has passed in the meantime, it is expected that the above complaint case shall be disposed of as expeditiously as possible.