Date of filing:05.06.2023
Date of Disposal:09.06.2023
BEFORE THE KARNATAKA STATE CONSUMR DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED: 09th Day of June 2023
PRESENT
HON’BLE Mr. JUSTICE HULUVADI G. RAMESH: PRESIDENT
Mr. K B SANGANNANAVAR: JUDICIAL MEMBER
Mrs.M.DIVYASHREE : LADY MEMBER
Revision Petiton No.13/2023
O R D E R
BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER
- Commission heard on the Revision Petition filed under Section 41(1)(b) of Consumer Protection Act, 2019. Perused the impugned order dated 11.05.2023 passed in CC/76/2022 on the file of II Additional District Consumer Disputes Redressal Commission, Bangalore Urban District in so far as IA No.2 and 3 filed by OP Nos.1 to 3 is concerned and in IA filed under Section 38(9) of Consumer Protection Act, 2019 R/w Section 151 of CPC, wherein sought permission to adduce expert evidence, which came to be disposed off on the ground as there are no cogent reasons to recall the order dated 30.11.2022, in order to permit expert evidence without any sufficient cause.
- Learned counsel for Revision Petitioner would submit that complainant/respondent herein alleged medical negligence against Revision Petitioners as such, contentions of complainant and allegations made against OPs and version submitted by OPs could have been examined conjointly before passing impugned order, keeping in mind the procedure to be followed as to how the case of medical negligence to be proved and to find support such contentions, placed reliance reported in (2010) 5 Supreme Court Cases 513 in the case between V.Kishan Rao v. Nikhil Super Specialty Hospital and another, wherein the Hon’ble Apex Court held –
This Court however makes it clear that before the Consumer Fora if any of the parties wants to adduce expert evidence, the members of the Fora by applying their mind to the facts and circumstances of the case and the materials on record can allow the parties to adduce such evidence if it is appropriate to do so in the facts of the case.The discretion in this matter is left to the members of the Fora especially when retired Judges of the Supreme Court and the High Courts are appointed to head the National Commission and the State Commissions respectively.Therefore, these questions are to be judged on the facts of each case and there cannot be a mechanical or straitjacket approach that each and every case must be referred to experts for evidence.
In para-57 held –
When the Fora finds that expert evidence is required, the Fora must keep in mind that an expert witness in a given case normally discharges two functions.The first duty of the expert is to explain the technical issues as clearly as possible so that it can be understood by a common man.The other function is to assist the Fora in deciding whether the acts or omissions of the medical practitioners or the hospital constitute negligence.In doing so, the expert can throw considerable light on the current state of knowledge in medical science at the time when the patient was treated.
- In view of the above guiding principles laid down by the Hon’ble Apex Court, in our view considering the nature of the complaint and proof required to decide the cause raised by the complainant, Forum below has to be held failed to exercise sound discretion before passing the impugned order. In such view of the matter, although Commission below rightly held complainant is at liberty to file interrogatories instead of seeking cross examination of OP Nos.1 to 3 and rightly permitted to submit interrogatories by complainant and was right in granting such permission to complainant, could have also permitted OPs to place expert evidence with a liberty to complainant to file interrogatories instead of cross examination of such expert evidence. In such conclusion, we to avoid further delay order to dispense with issuance of notice of this Revision Petition to be served on respondent and proceed to dispose of this Revision Petition.
- Send a copy of this Order to the District Commission and parties to the appeal.
Lady Member Judicial Member President
*GGH*
