HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. These two Interlocutory Applications have been filed on behalf of the opposite party Nos. 1 to 5 wherein necessary order has been prayed for obtaining expert’s opinion from any government medical college in the relevant discipline and asked for a report as to whether there was any negligence in the treatment of the patient for proper adjudication of the present case.

2. It is stated in the petition that for proper adjudication of cases pertaining to medical negligence appointment of expert is absolutely necessary. It is also alleged in the petition that the treatment related papers as submitted by the complainant established that there was no negligence on the part of the opposite party Nos. 1 to 3.

3. Learned Advocate appearing for the complainant raised no objection against the applications filed by the opposite parties. He left the matter to the discretion of this Commission.

4. Taking into consideration the decision of the Hon’ble Supreme Court in Martin F D’Souza Vs. Mohd. Ishfaq reported in 2009 CTJ 352 (SC) (CP) I feel it proper to allow the applications under consideration and request the Superintendent, IPGME&R & SSKM Hospital, Kolkata to form a committee / board on the subject and to examine the manner of treatment given to the patient and to ascertain the degree of negligence, if any in the said treatment and to submit a report before this Commission within a period of three months from the date of the order.

5. Let a copy of this order be sent to the Superintendent of the concerned Hospital along with the copies of the petition of complaint, written version, all relevant documents regarding treatment of the patient for examination by the board for the above noted purpose.

6. With this observation and direction these applications stand disposed of.

7. Office to comply this order by sending the documents and papers to the concerned Superintendent of IPGME&R & SSKM Hospital, Kolkata at once.

8. The opposite parties are directed to supply all the copies of all the necessary documents as noted earlier for sending the same to the Superintendent, IPGME&R & SSKM, Hospital, Kolkata.

9. To 16.08.2024 for report of the expert committee and for filing BNA.

10. The I.A. being Nos. I.A./804/2023 and I.A./24/2024 are thus disposed of accordingly.