MASTER MRITUNJAY Vs. VIRENDER ARYA

JUDGEMENT

(1.) Mritunjay, a minor received injury on his right hand near the elbow and as a patient he was under treatment of Dr. Virender Arya of Manimajra. However, the right hand of the child became non functional. A complaint was instituted in the District Forum, Chandigarh for compensation and damages on account of negligence of respondent. It has been dismissed on 19th April, 1996 by the District Forum, Chandigarh for non-production of the evidence by the complainant. The present appeal has been preferred against the aforesaid order of dismissal.

(2.) We have perused the proceedings in the District Forum. The complaint was first of all taken up on 5.5.95 and respondent was summoned for 30.8.95. It appears that the District Forum was not functioning on 30.8.95 and the case was taken up on 12.9.95 in the absence of the Counsel for the complainant. On 12.9.95 it was adjourned to 20.12.95 for filing of replication and evidence of the complainant. On 20.12.95 neither the parties nor their Counsel were present and the case was adjourned to 12.3.96. Again on 12.3.96 neither of the parties was present and it was adjourned to 19.4.96 and on that day too neither of the parties was present and the complaint was dismissed mainly for non-production of evidence of the complainant.

(3.) During the course of arguments the learned Counsel for the appellant has referred to sub-para (i) of para 3 of the memorandum of appeal which contains a specific plea that the mother of the Counsel for the complainant was admitted in the P.G.I., with tumour on 19.4.96 and she died on 22.4.96. The Counsel for the complainant was her only son and he could not attend to the work in any Court during that spell. After perusal of the record of the District Forum it is apparent that in the beginning the case was not taken up on 30.8.95 because the Forum was not functioning on that day and it was adjourned without information to the complainant or his Counsel. On 19.4.96 when the impugned order was passed the learned Counsel for the complainant could not attend to this case because his own mother who was an indoor patient was in precarious condition and she died on 22.4.96. In the circumstances we accept the appeal; the impugned order dismissing the complaint is hereby set aside. It is ordered that the parties shall appear in the District Forum Chandigarh on 6.1.97 where further opportunity shall be given to the complainant to adduce evidence.