Order No:  2                                                                                       Date:05/12/2024

Today is fixed for admission hearing. Complainant side is found present and ready. Heard Ld. Advocate for the complainant side. Considered submission.

Perused the complaint petition and its connected documents.

At the time of admission hearing Ld. Advocate for the complainant side lay emphasis on the documents and pointed out that blank stripe without medicines have been supplied by the O.p. to the complainant. As per case of the complainant side it is a clear case of negligence and deficiency of service.

After going through the materials of the case record it is found that the complainant has claimed compensation of Rs.10,00,000/- and litigation cost of Rs.1,00,000/- from the O.p. In this regard it is important to note that in determining compensation in cases of Medical negligence, a balance has to be struck between the demand of person claiming compensation, as also the interest of whose being made liable. This legal observation of Hon’ble Apex Court has been reported in 2024(3) Indian Civil Cases 295(SC) in this instant case the complainant side has failed to establish the basis of claiming such huge amount of compensation and litigation cost. Moreover, according to the documents filed by the complainant side the O.p. in writing had given proposal for supplying said medicines to the complainant but the complainant side has refused to take the same. In this regard it is also important to note that the case memo issued by BM Medical Hall dated 27/09/2024 clearly depicting that there are so many manipulation in the handwriting and there is also cut marks in the said case memo. Moreso, the signature of the person who issued the case memo is not matching with the handwriting depicted in the said case memo.

All these factors are clearly reflecting that the complainant has failed to establish prima facie case beyond any shadow of doubt.

So, this District Commission is of the opinion that this is not a fit case for admission. So, this case is dismissed. No order is passed as to cost.   

Dictated & corrected by me.

President