No.12/01.07.2016

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

This order relates to hearing on MA 270 of 2016 filed by the Complainant praying for incorporation of paragraphs 20A, 20B and 20C in the petition of complaint by way of amendment. 

The Learned Counsel for the Complainant/Misc. Applicant has submitted that there was board meeting in the ESI Corporation wherein it was mentioned clearly that there was negligent act on the part of the doctors on duty in causing the death of Abhijit Kumar Saha, the minor son of the Complainant.  It is submitted that after getting copy of the minutes of the said board meeting the Complainant wants to incorporate the said fact in the petition of complaint. 

The Learned Counsel for the OP No.3 opposed the Miscellaneous Application and submitted that OP No.3 left the Hospital at 4 p.m. on 19^th February, 2013 and, as such, there was no negligence on the part of the OP No.3.

We have heard the submission made by both sides and perused the papers on record.  It is the specific contention of the Complainant that after filing of the complaint he received the copy of the minutes of the said board meeting of ESI Corporation.  The case has been instituted alleging medical negligence against the OPs.  Under such circumstances, we are of the considered view that the proposed amendment would not change the nature and character of the complaint and it is necessary for effective adjudication of this case.

MA 270 of 2016 is allowed.  The Complainant is directed to file the amended version of the petition of complaint.  Bench Clerk is directed to make necessary correction in the petition of complaint by adding paragraphs 20A, 20B and 20C.  Fix 20/09/16 for evidence on affidavit by the Complainant.