SUBHASH GRANDER TREHAN Vs. MANGLA TELANG

JUDGEMENT

(1.) THE complainant who is the father of deceased Smt. Nidhi, has come up with this complaint before this Commission alleging that she was under the treatment of OP -1 Dr. Mangla Telang, owner of Telang Clinic and OP -2 Smt.' Kiran Bhasin for IVF treatment, and lost her life due to sheer negligence of these doctors. The complainant has alleged that OP -3, Director/ Chairman, Kailash Hospital and Heart Institute H -33, Sector 27, Noida is also hand in gloves with OP -2, and tried to shield OPs -1 and 2 for their negligent acts. The complainant has impleaded Chairman, Medical Council as a proforma respondent. The complainant has made the following prayers in his complaint:

(2.) WE have heard the complainant in person at the preliminary stage of admission.

(3.) THE father is neither the legal heir under the Hindu Law and obviously cannot be the representative. The heir of the deceased under the Hindu Law is the husband who can maintain any such petition. The only answer to this proposition the complainant gave is that, the husband has remarried, but that will not disentitle the husband under law, being an heir of his deceased wife. No other argument could be advanced by the complainant, and no reference was made to any case law in this regard.