SUPRITI MODAK Vs. GOKUL CH MODAK

JUDGEMENT

(1.) This appeal is directed against order dated 30.4.1999 whereby the Forum declined to exercise jurisdiction vested in it in the matter of trial of the case. The Forum was of opinion that the resolution of the dispute between the parties involves consideration of voluminous evidence and evidence of experts in the respective fields. The Forum noticed that the first question to be determined was whether the caesarean operation was necessary or not. During hearing it transpires that the baby was born by caesarean operation and there was definite allegation about negligence on the part of the attending physician and pathological laboratories in the matter of treatment of the baby. It is accepted that blood report of the baby was conducted thrice at different pathological laboratories and the results showed different readings of bilirubin. Ultimately, the baby was shifted to NRS Hospital at Calcutta whereby the grace of God the disease was properly diagnosed and the baby was cured. The Forum noticed that in order to prove the allegations regarding negligence on the part of the opposite parties, quite a few witnesses were required to be examined and these witnesses include Medical/gynaecological /pathological/ experts. The Forum declined to adjudicate the dispute relying on the ratio of decision of the Hon'ble Supreme Court reported in AIR 1996 SC 550. We have considered the submissions of the learned Counsels for the parties and examined the impugned judgment. We find that the Forum was perfectly justified in not entertaining the dispute. For the reasons aforesaid, we decline to entertain the appeal. The appeal be dismissed. The petitioner may seek remedy before the appropriate Forum, if so advised. Appeal dismissed.