NOBEL MATHEW, CHIEF PHYSICIAN, DEEPA AYURVEDA HOSPITAL AND ORS Vs. THULASI BAI TEACHER W/O C MUKUNDAN
LAWS(KERCDRC)-2010-8-1
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on August 12,2010

Nobel Mathew, Chief Physician, Deepa Ayurveda Hospital And Ors Appellant
VERSUS
Thulasi Bai Teacher W/O C Mukundan Respondents

JUDGEMENT

- (1.) THE revision petitioner is the opposite party in CC106/09 in the file of CDRF, Kasaragod. The appellant has sought for revising the order of the Forum contending that Martin F D. Souzas decision is applicable in his case also. The revision petitioner/opposite party is an Ayurvedic Physician. The Forum rejected the contention on the ground that the above decision would not be applicable to the parambarya Vaidhyan like the petitioner.
(2.) WE find that the Supreme Court in V. Kishan Rao Vs. Nikhil Super Specialty Hospital, 2010 5 SCC 513 has held that the direction in Martin F D. Souzas case has been issued per incurium. Hence, we find that there is no scope for revising the order of the Forum in this regard. Hence the Revision Petition is dismissed.
(3.) THE office will forward the copy of this order to the Forum urgently. JUSTICE K. R. UDAYABHANU - - PRESIDENT S. CHANDRAMOHAN NAIR - - MEMBER s/L Pronounced [HONARABLE MR. JUSTICE SHRI. K. R. UDAYABHANU] PRESIDENT;


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