Date of filing: 06.02.2018 Date of disposal: 07.02.2018
Complainant: 1. Sephali Mal, W/o. Sasthi Mal, Vill & PO: Mirzapur, Dist: Burdwan.
2. Champa Mondal, D/o. Late Niranjan Mondal, Narigram Paschimpara, Dist: Burdwan.
3. Janaki Rajbanshi, W/o. Late Khudu Rajbanshi, Mithapukur, Sasthitala, PO: Rajbati, PS. & Dist: Burdwan.
4. Malati Mitra, W/o. Late Dipankar Mitra, Narigram Paschimpara, Dist: Burdwan.
5. Sushanta Mondal, S/o. Late Niranjan Mondal, Vill: Narigram Paschimpara, PO., PS; & Dist: Burdwan.
6. Rina Mal, W/o. Gandhi Mal, Mirzapur, Dist: Burdwan.
7. Mina Sarkar, W/o. Ganesh Sarkar, Khanpur Adibashipara, Burdwan.
Opposite Party: 1. Dr. I. Sarkar, having its Chamber at Medview Services Pvt. Ltd., 56, Ramkrishna Road, Khosbagan, PS. & Dist: Burdwan, PIN – 713 101.
2. The Director, Medview Services Pvt. Ltd., having its office at 56, Ramkrishna Road, Khosbagan, PS. & Dist: Burdwan, PIN – 713 101.
Proforma Opposite Party: 3. The Medical Superintendent cum Vice President, Burdwan Medical College & Hospital, Burdwan, PO: Rajbari, PS. & Dist: Burdwan, PIN – 713 104.
Present : Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member : Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party No. 1 & 2: Ld. Advocate, Deb Krishna Sinha.
Appeared for the Opposite Party No. 3: None (ex parte).
Order No. 25, Dated: 07.02.2018
This order is arising out of the Misc. Application Case being No. 03/2018 filed by the complainant in the C.C. No. 154/2016 praying to pass necessary order by directing the Medical Superintendent cum Vice Principle (MSVP) of Bankura Medical College & Hospital, Bankura to appoint any expert Doctor from the Department of Ophthalmology for giving his opinion in writing after perusing the documents of treatment.
It is stated by the complainant in the said M.A. that the instant complaint has been filed with allegations of medical negligence on the part of the Ops in respect of treatment of left eye of the mother of the complainant. As such the opinion of expert Doctor from Department of Ophthalmology is very much necessary for proper adjudication of the case. So it is very necessary to pass appropriate order by directing the M.S.V.P. of Bankura Medical College & Hospital, Bankura to appoint any expert Doctor from the Department of Ophthalmology for giving opinion in writing after perusing the documents of treatment, otherwise, the complainant will suffer irreparable loss and injuries and will be seriously prejudiced.
The Ops have raised no objection against the application for appointment of expert doctor for expert opinion. It is submitted by the Ld. Counsel for the OPs that it is true that for proper adjudication expert opinion from an expert doctor is necessary.
We have heard argument on the application advanced by the Ld. Counsel for the contesting parties. It is seen by us that as it is a case relating to medical negligence alleged by the Complainant against the OPs, hence until and unless the expert opinion is forthcoming from an expert doctor, the complaint cannot be properly adjudicated upon. The Complainant has sought for an expert opinion from the Department of Ophthalmology, Bankura Medical College & Hospital, Bankura. In our view the prayer as made out by the Complainant in the M.A. being no. 03/2018 should be allowed.
Hence, it is
O r d e r e d
that the M.A. Case being No. 03/2018 is hereby allowed on contest without any cost.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Nivedita Ghosh) DCDRF, Burdwan
Member
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
