KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM. APPEAL No. 275/2010 JUDGMENT DATED:31-08-2010 PRESENT: JUSTICE SHRI. K.R. UDAYABHANU :PRESIDENT SHRI.S. CHANDRAMOHAN NAIR : MEMBER Sufaija.T, D/o Ammed, Thundiyil House, Eramala.P.O, : APPELLANT Eramala Amsom, Azhiyoor Desom, Vatakara Taluk. (By Adv:Sri.K.Viswan) Vs. Dr.N.P.Kunhali, S/o Moideen, Sijila, Vanimel Kodiyoora.P.O, : RESPONDENT Pin – 673 515. (By Adv:Sri. Shyam Padman) JUDGMENT JUSTICE SHRI. K.R. UDAYABHANU:PRESIDENT The appellant is the complainant in CC.79/09 in the file of CDRF, Kozhikkode. The complaint has been dismissed on the basis of the opinion of medical board vide decision in Martin D’Souza Vs. Muhammed Ishfaq (2009 (3)SCC 1. The above decision has been held to be per incurium vide the subsequent decision of the Supreme Court in V.Kishan Rao Vs. Nikhil Super Specialty Hospital 2010 (5) SCC 513. In the circumstances the order of the Forum is set aside. The matter is remitted back to the Forum. The Forum is directed to dispose of the case on merits. The case stands posted before the Forum on 11/11/2010. Office will forward a copy of this order to the Forum. JUSTICE K.R. UDAYABHANU:PRESIDENT S. CHANDRAMOHAN NAIR : MEMBER VL. |