HON’BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT

          This is to consider an Interlocutory Application being IA/61/2019 where the complainant by filing this application prayed for a direction upon the appropriate Authority to have an Expert’s opinion concerning alleged medical negligence and deficiency in service , if any, for the death of victim Moumita Dey. The materials on record revealed that the patient Mrs. Moumita Dey aged about 30 years died on 23.9.2016 due to the causes noted in the column Cause of Death in the medical certificate issued  by the Hospital, Mohan Clinic, 46, Lake Temple Road, Kolkata 700 029. However, placing reliance on a decision of Hon’ble National Commission in Dr. Harkanwaljit Singh Saini –Vs- Gurbax Singh & Anr. reported in 1(2003) CPJ 153 (NC)  coupled with a decision of Hon’ble National Commission in Sikha Nayak –Vs- Dr.Manabesh Pramanik reported in 2006 CTJ 662 (CP)(NCDRC), we allow the application for bringing the opinion of experts regarding allegations of alleged medical negligence, if any,  against the OPs herein and we request the Superintendent, Calcutta Medical College & Hospital to form a body of Experts on the subject and to  form an opinion about the allegations brought against the Opposite Parties concerning the cause of death of the victim and to submit a report over the issue on 24.10.2019.

          Let a copy of this order coupled with the relevant documents concerning treatment of the victim and the copy of the application etc. be sent to the Superintendent of the concerned Medical College & Hospital for giving opinion on the subject by the date fixed. Office to do the needful. Complainant/Applicant is directed  to supply the copies  of all the relevant documents as pointed out in this order for sending the same to the concerned Medical College & Hospital. Todate (24.10.2019).