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2016 Supreme(Online)(Cal) 3

CALCUTTA HIGH COURT
Dipankar Datta, J
Dr. Kunal Saha – Appellant
Versus
Retired Justice Gorachand Dey – Respondent


Advocates:
For the Appellant: Dr. Kunal Saha
For the Respondent: learned Public Prosecutor

1. The petitioner is the husband of Anuradha Saha, who breathed her last on 28 May 1988, after having fallen ill while on a social visit to India. The petitioner is a medical practitioner settled in the United States of America, doing research in HIV / AIDS. The deceased wife of the petitioner had developed fever with skin rash on or about 25 April 1988 while in Kolkata on a social visit to this country. For this purpose, Dr. Sukumar Mukherjee, a medical practitioner was consulted. Her condition did not improve, and had in fact deteriorated, and other doctors had also been consulted in Kolkata, where she was being treated in a private hospital. Eventually she was shifted to a hospital in Mumbai on further deterioration of her condition, where she passed away.

2. The petitioner had instituted an action alleging medical negligence under the Consumer Protection Act, 1986 before the National Consumers Disputes Redressal Commission, (the Commission) claiming compensation of Rs.77,76,73,500/- with interest, impleading as respondents in the proceeding the three medical practitioners who treated her, as well as the hospital where she was treated in Kolkata. A criminal complaint was also i




















































































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