VIRK HOSPITAL Vs. PARMINDER KAUR

JUDGEMENT

(1.) PARMINDER Kaur and Sukhwinder Singh had filed a complaint on medical negligence against the petitioners and respondent No. 3. The petitioners had appeared in the learned District Forum and had contested the case. During the pendency of the case, the petitioners filed an application that in view of Para 117 in the judgment of the Hon ble Supreme Court reported as Martin F. D Souza v. Mohd. Ishfaq, 2009 1 CPJ 32, the matter be referred to the doctor specialized in the field or to a committee of doctor to have expert opinion about the medical negligence alleged against them. That application was dismissed by the learned District Forum vide impugned order dated 25.3.2009.

(2.) HENCE , this petition.

(3.) THE submission of the learned Counsel for the petitioners was that the law of the Hon ble Supreme Court is binding and, therefore, before determining the liability of the petitioners, the expert opinion must be had from the competent doctor or from the committee of doctors as per the judgment of the Hon ble Supreme Court. Hence, it was prayed that the petition be accepted and the impugned judgment dated 25.3.2009 be set aside.