The main legal point established in the judgment is the requirement for the forum to consider relevant materials and proceed diligently in cases of medical negligence, leading to the decision to remit the matter back for fresh consideration on merits.

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. In the circumstances, we think it appropriate that this matter to go back to the District Forum for consideration afresh on merits. Hence the order.

ORDER

1. Appeal is allowed and its impugned order dated 18.2.1999 is set aside.

2. Matter is remitted to the District Forum, Solapur for consideration afresh on merits in accordance with the provisions of the Law and the Rules and on giving proper opportunities to the parties thereunder.

3. Appellant shall furnish copy of the order herein to the District Forum, Solapur immediately.

4. District Forum shall intimate date of hearing to the parties.

5. The District Forum shall proceed to dispose of the complaint totally uninfluenced by its earlier findings or any observations of ours in the judgment herein concerning the merits of the matter treating the same as our prima facie views and observations thereof.

6. District Forum to ensure expeditious disposal of the matter after remand.

7. As far as this appeal is concerned, no order as to cost.

8. Office to furnish copies of the order to the parties.

Appeal allowed.