GOKULDAS HOSPITAL Vs. HARINARAYAN PRAJAPATI

JUDGEMENT

(1.) THESE appeals are directed against the order dated 11.2.2009 passed by the District Forum, Indore in case No. 210/2007. The facts have been taken from the record of Appeal No. 512/2009, for the purpose of convenience, unless otherwise stated.

(2.) DR . Kundan Kushwaha is an orthopaedic surgeon and he has clinic in Indore. In the complaint Dr. Shrikant Rege of Gokuldas Hospital was impleaded but since he has not been found involved, he was dropped and, therefore, the appellants have not made him a party.

(3.) THE matter related to a girl child Ku. Anjali, aged about 10 years. This girl was brought to Dr. Kundan Kushwaha for treatment on 28.2.2005. She advised MRI DORSO and other investigations suspecting that she is suffering from TB or cancer. Operation of lower limb was done. Part of the tumour was removed. The allegation against Dr. Kushwaha is that having known that girl was having malignant tumour, she was not sent to cancer specialist. We have, therefore, to see whether Dr. Kundan Kushwaha was thus, in any manner negligent. The only ground which existed is that Dr. Kundan Kushwaha did not refer the patient to the cancer specialist. Documents on record show that the patient was sent for investigation and various tests were conducted. Dr. Alok Modi has filed his affidavit stating that he is prasticing as cancer specialist and haemotologist. The objection of the learned Counsel for the complainant is that these documents were not filed before the District Forum and has been filed for the first time in these appeals. In matters before the Forum the principles of natural justice are required to be adhered to and full opportunity should be extended to the parties. Though one expects the party to produce all documents before the District Forum, yet in appropriate case the additional evidence can be admitted. Since the documents are relevant, the application under order 41 Rule 27, C.P.C. is allowed and the documents are taken on record.