C V MATHEW Vs. P BABU

JUDGEMENT

(1.) This appeal is filed out of time and there is a delay of 16 days. In the affidavit filed in support of the petition it is stated that he approached Advocates at Nedumkandam and Kattappana and that they were not prepared to accept the engagement. Thereafter, he contacted Advocate Sebastian Kurian, Kottayam on 11.6.95 and he stated that he required seven days' time to study the case and therefore the appeal could be filed only on 19.5.95. We find that there is latches on the part of the appellant in not filing the appeal in time. However, taking a lenient view of the matter we are inclined to cordone the delay on terms. We, therefore, allow the petition on condition that the appellant will pay Rs.1,000/- to the complainant/respondent within a period of 15 days from today. If the payment is not made the appeal will stand dismissed.

(2.) We heard the Counsel for the appellant and also the complainant. On going through the order. We find no oral evidence was taken and no expert opinion also was produced before the District Forum. Only some documents were produced and we feel in a case of this nature where medical negligence is attributed proper evidence has to be taken and opportunity must be provided to the parties to adduce evidence. We, therefore, allow the appeal set aside the order of the District Forum and remit back the matter to the District Forum, for fresh disposal after giving opportunities to both parties to adduce evidence.