Case nº Revision Petition No. 268 Of 2015, (Against the Order dated 10/04/2014 in Appeal No. 871/2012 of the State Commission Rajasthan) of NCDRC Cases, March 17, 2015 (case 1. Ashok Kumar Rawat and Anr. 2. Smt.Pratibha Rawat Vs 1. Dr. B.K. Saini and Ors. 2. Dr. Hari Ram Gupta 3. National Insurance Co Ltd)

JudgeFor Appellant: For Ashok Rawat & Pratibha Rawat : Mr. G. S. Gangwar, Advocate For Dr. B. K. Saini : Mr. Pushpinder Singh, Advocate and For Respondents: For Dr. Hari Ram Gupta and National Insurance Co. Ltd., Dr. Sushil Kumar Gupta, Advocate
PresidentMr. J.M. Malik, Presiding Member and Mr. Dr. S.M. Kantikar, Member
Resolution DateMarch 17, 2015
Issuing OrganizationNCDRC Cases

Order:

This common order will decide three revision petitions filed against the impugned order dated 10.04.2014 passed by the State Commission, Rajasthan in the Appeal 870/2012 and cross appeal 871/2012. For the convenience, the parties herein are, hereafter referred to as per their positions in original complaint before the District Forum, as Dr. B. K. Saini (OP-1), Dr. Hari Ram Gupta (OP-2) and National Insurance Company (OP-3).

"The practitioner must bring to his task a reasonable degree of skill and knowledge, and must exercise a reasonable degree of care. Neither the very highest nor a very low degree of care and competence, judged in the light of the particular circumstances of each case, is what the law requires, and a person is not liable in negligence because someone else of greater skill and knowledge would have prescribed different treatment or operated in a different way; nor is he guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art, even though a body of adverse opinion also existed among medical men.

Deviation from normal practice is not necessarily...

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