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Supreme Court Of India

Hon'ble Judge(s): B. N. Agrawal, A. K. Mathur , JJ

(A) Consumer Protection Act (68 of 1986) , S.2— Consumer Protection (Punjab) Rules (1987) , R.14— Civil P.C. (5 of 1908) , O.1 R.10— Medical negligence - Claim petition - Necessary party - Claim petition before National Commission impleading hospital where patient was treated - Dismissal on ground of non-joinder of treating doctor - Not proper - Private hospitals normally have panel of doctors - It becomes difficult for claimant to give details of which doctors treated patient - Hospital does not suffer on account of non-joinder of doctor as hospital can produce treating doctor in defence to show that all due care and caution has taken. Where claim petition was filed before National Commission alleging medical negligence against the hospital where the patient was treated, Summary dismissal of the original petition by the Commission on the question of non-joinder of necessary parties was not proper. In case, the complainant fails to substantiate the allegation, then the complaint will fail. But not on the ground of non-joinder of necessary party. But at the same time the hospital can discharge the burden by producing the treating doctor in defence that all due care and caution was taken and despite that patient died. The hospital/institute is not going to suffer on account of non-joinder of necessary parties and Commission should have proceeded against hospit....