J J MERCHANT Vs. SHARINATH CHATURVEDI

JUDGEMENT

(1.) Miscellaneous Petition No. 53 of 2000 was filed before the National Consumer Disputes Redressal Commission (hereinafter referred to as "National Commission"), New Delhi in Original Petition No. 252 of 1993 by the appellants-doctors praying that complaint filed for alleged medical negligence be either dismissed as according to them complicated questions of law and facts arise which can best be decided by the Civil Court or in the alternative the proceeding be stayed during the pendency of criminal prosecution pending against them in criminal Court at Mumbai. That application was rejected by the Commission. Hence, this appeal.

(2.) In the present case, complainant-respondent filed Original Petition before the National Commission on 26-8-1993 alleging that his son aged 21 years was admitted to the Breach Candy Hospital, Mumbai on 4-8-1992 for operation of slip disc as he was suffering from backache. It was stated that before that he had returned from USA in the month of June, 1992 after obtaining degree in Business Management. He died on 29th August, 1992 in the hospital itself. For this, he attributed medical negligence.

(3.) Before filing complaint before the National Commission the complainant had also filed criminal complaint before the Metropolitan Magistrate, Mumbai for the offences punishable under Sections 304-A/201 and 203 of Indian Penal Code. That prosecution is also pending. The Commission rejected the application by holding that there is no universal rule of law that during the pendency of criminal proceedings, civil proceedings must invariably be stayed. The Commission also observed that there was unexplained delay in moving such application at this stage and therefore, case requires to be decided at the earliest.