Since opinion of an independent expert has not come on record, we set aside the impugned order and remand the case to the State Commission for a fresh decision after obtaining opinion from an independent expert.  We are doing this keeping in view the judgements of the Supreme Court in Jacob Mathew Vs. State of Punjab & Anr. - (2005) 6 SCC 1 and Martin F. D’souza vs. Mohd. Ishfaq – I(2009)CPJ 32(SC).

          Parties through their counsel are directed to appear before the State Commission on 5.4.2010.

          Petitioner as well as the respondent would be entitled to produce additional evidence after the report of the expert is made available to both the parties.  State Commission is directed to obtain the opinion of an independent expert preferably of a government medical college.  Parties would also be at liberty to produce their own experts by way of evidence.

          State Commission shall decide the complaint afresh without being influenced by any of the observations made in its earlier order or in this order.

          Since it is an old case, we would request the State Commission to dispose of the complaint within 6 months from the date of first appearance.