RATNA GHOSH Vs. DR. P.K. AGARWAL

JUDGEMENT

(1.) The instant Appeal has been filed by the Appellant / Complainant against the Orders passed by the State Commission, West Bengal.

(2.) Heard the arguments on both sides and perused the material on record. On behalf of the Appellant the Authorised Representative (AR) Dr. Kunal Saha argued that the State Commission stayed on technical ground the instant Appeal is pending before this commission.

(3.) The AR further submitted that in the cases of alleged medical negligence there is no bar for the aggrieved seeking simultaneous legal remedy under Civil and Criminal Law. He brought our attention the decision of the Hon 'ble Supreme Court in Guru Granth Saheb Sthan Meerghat versus Ved Prakash and others, (2013) 7 Supreme Court Cases 622, wherein the Hon 'ble Supreme Court observed in Para 11 as: