LAXMAN DAS Vs. ASHIT BARAN KAR

JUDGEMENT

(1.) WE have heard Mr. B.K. Bhattacharyya, learned Counsel for the appellant. Neither the respondent nor his Counsel is present today. There is no prayer for adjournment.It may be noted here that on 30.7.2008 this Commission heard Mr. Guha, learned Counsel for the respondent.

(2.) THIS appeal has called into question correctness and validity of the judgment dated 28.2.2008 rendered by the District Forum,West Tripura, Agartala in CC -34 of 2006 dismissing the complaint and the claim of the appellant for compensation. Before adverting to the issues raised in this appeal we may briefly notice the material facts.

(3.) THE learned District Forum closed the claim on the basis of the materials on record recording an observation that in the absence of more cogent evidence it would be difficult to record a finding that the respondent was guilty of medical negligence. The District Forum further observed that according to the opinion expressed in the post mortem report the injuries found in the uterus of the deceased were 4 to 6 days' old . The autopsy was done on 13.11.2005 and, therefore, the District Forum observed that the injuries must have been not earlier than 8.11.2005. The specific allegation is that the respondent had done the second abortion on 5.11.2005. Therefore, it is difficult to say that the injuries mentioned in the post mortem were those caused during abortion done on 5.11.2005 by the respondent. Proceeding from that angle the District Forum dismissed the claim. Aggrieved the present appeal has been preferred.