NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

 

ORIGINAL PETITION NO.  96 OF 1994

 

Smt. Kamlesh Gupta & Ors.                                     ... Complainants

                   Vs

Dr. Om Prakash Sadana & Anr.                     ...Opposite Parties

 

BEFORE:-

HON'BLE MR. JUSTICE D.P.WDHWA, PRESIDENT

          MRS. RAJYALAKSHMI RAO, MEMBER

          MR. B.K. TAIMNI, MEMBER

 

 

Medical negligence - death of the opposite party - no right to sue against the legal  representatives of the deceased doctor.

 

 

For the Complainant                   :         Mr. Manoj Swarup, Advocate

 

 

 

DATED, 28th FEBRUARY, 2002

 

 

 

O    R   D   E    R

 

                        Mr. Manoj Swarup, Counsel for the Complainant informs us that the Special Leave Petition filed in the Supreme Court against the order dated 20.7.2000 has since been dismissed. That order of this Commission mearly states "the Miscellaneous Application  is dismissed”. This application which was subject matter of the order was filed on 30.3.2000 to bring on record the legal representatives of the deceased Respondent No.1, Dr. Om Prakash Sadana. It is obvious that this Commission is of the view that the in such a  case right against the deceased Doctor does not

 

 

 

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survive. In this view of the matter, Complainant shall proceed only against Respondent No.2, Dr. S.K. jain.

                   Out attention has been drawn to the order of this Commission dated 3.2.2000 by which order Chauhan Nursing Home Haridwar, and Dr. R.I. Bhardwaj, were allowed to be impleaded as Respondents. This complaint was filed as far back as 25th April, 1994. Perhaps, the order was passed on some mistaken belief as limitation period to proceed against them has since long expired. However, Mr. Swarup has fairly submitted that they are, in fact, not necessarily be parties and impleaded. He seeks permission to summon them as witnesses. Mr. Swarup states that he will inform Mr. P.B.Agarwal, Counsel for the Respondents. Let the matter be listed again on 7th March, 2002.

...............................................J.

                                                                                                   (D.P.WADHWA)

                                                                                                PRESIDENT

 

...............................................

                                                                                                     (RAJYALAKSHMI RAO)

                                                                                                                                    MEMBER

 

...............................................

            (B.K. TAIMNI)

                                                                                                                           MEMBER