HON’BLE JUSTICE ISHAN CHANDRA DAS, PRESIDENT

       Questioning the propriety of the order no. 21 dated 06-04-2017 in CC/537/2014 passed by Ld. DCDRF, Howrah, the present Revisional Application has been filed by the OP of the instant case. The order impugned of the Forum concerned is quoted below -

“Order No. 21, dated 06-04-2017

Parties are present. OP filed petition for expert opinion on the allegation of injury suffered by the petitioner during her delivery of a baby.

It is petitioner to prove her case and not the OP.

In view of above the prayer for expert opinion is considered and rejected. BNAs already filed.

To 16/05/2017 for final order”.

       From the petition of complaint of CC/537/2014 it is revealed that a complaint has been filed against the OP of CC/537/2014 alleging medical negligence against them who prayed for referring the matter for expert’s opinion for deciding the case on merit. Ld. Trial Forum held that since the petitioner was to prove her case, the prayer of the OP for sending the allegation to the expert for opinion cannot favourably be considered and it was rejected consequently. Since this is a case of medical negligence, it is the duty of the Forum concerned to seek opinion of the expert whenever it is necessary whether it is preferred at the prayer of the complainant or the OP. When the OP filed the application for seeking opinion of the expert it should not have been rejected in the manner as quoted in the earlier part of this judgment. Hence, we set aside the order impugned and direct that the Ld. DCDRF, Howrah shall consider the application of the OP afresh and to dispose it of on merit according to law. With this observation and direction the Revisional Application is disposed of exparte.