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M.S.RANE, R.N.VARHADI
MD. ISAQUE WALLIAHMAD PERAMPALLI – Appellant
Versus
P. J. KOTHADIYA – Respondent


Advocates:
Counsel for the Parties :
For the Appellant : In Person.
For the Respondents: None.
Advocate Mr. H.G. Misar, Amicus Curiae.

ORDER

Mr. Justice M.S. Rane, President—Appeal is placed on our today’s Board for admission/hearing which is filed in the year 1999.

2. Appellant/original complainant is present in person. Therefore we requested Senior Counsel Mr. H.G. Misar to render assistance to this Commission in this matter as Amicus Curiae.

3. Appellant is original complainant and respondent original O.P.

(For brevity sake hereinafter the parties will be referred to with their said status in the complaint).

4. The complainant has filed this appeal against the order dated 18.2.1999 passed by the District Forum dismissing the complaint of the complainant holding the complainant having not established his case of medical negligence in the terms on the part of O.P.

5. We have perused the impugned judgment as also related material and we are of the view that District Forum proceeded in perfunctory manner to dispose of the complaint.

6. We have been shown Certificate dated 12.1.1995 issued by Civil Surgeon, Solapur with regard to the physical handicap suffered by the complainant.

7. That being so it was necessary for the District Forum to consider the relevant materials which were constrained to observe has not been done.

8.













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