- 1 - HC-KAR CNR: KAHC010297492019 NC: 2026:KHC:39675 WP No. 44965 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.44965 OF 2019 (GM-RES) BETWEEN: PAPPU JAGANATH REDDY S/O LATE SUBBI REDDY, AGED ABOUT 80 YEARS, R/AT PUJAGANAPALLE VILLAGE, BHIMAGANIPALLI POST, PUNGANUR MANDAL-517 247 CHITOOR DISTRICT, A.P …PETITIONER (BY SRI.SANDEEP JAIN, ADVOCATE FOR SMT.ARCHANA MURTHY, ADVOCATE) AND: 1. HOSMAT FOR ORTHOPAEDICS SPORTS MEDICINE AUTHORITIES, NEURO AND ACCIDENT TRAUMA, NO.45, MARGARTH ROAD, OFF RICHMOND ROAD, NEXT TO ITI CORPORATION OFFICE, BENGALURU - 560 025 REPRESENTED BY ITS AUTHORISED OFFICE 2. DR THOMAS A CHANDY ORTHOPAEDIC SURGEON, HINDU MAJOR, HOSMAT, NO.45, MARGARTH ROAD, OFF RICHMOND ROAD, NEXT TO ITI CORPORATION OFFICE, BENGALURU – 560 025 Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010297492019 NC: 2026:KHC:39675 WP No. 44965 of 2019 3. DR M N KUMAR CONSULTANT ORTHOPAEDIC SURGEON, ORTHOPAEDIC SURGEON, HINDU, MAJOR, HOSMAT, NO.45, MARGARTH ROAD, OFF RICHMOND ROAD, NEXT TO ITI CORPORATION OFFICE, BENGALURU-560 025 4. DR JAYARAM GENERAL PHYSICIAN HOSMAT, HINDU, MAJOR, HOSMAT, NO.45, MARGARTH ROAD, OFF RICHMOND ROAD, NEXT TO ITI CORPORATION OFFICE, BENGALURU-560 025 …RESPONDENTS (BY SRI. MOHAMMED SHERILFF & SMT.AMBIKA M, ADVOCATE FOR R1 AND R3; R2 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE KARNATAKA MEDICAL COUNSEL IN KMC/ENQ/20-2015 AND SET-ASIDE THE ORDER PASSED BY THE MEDICAL COUNSEL OF KARNATAKA IN KMC/ENQ/20-2015 DTD.28./7/2018 VIDE ANNEXURE-A BY ALLOWING THE ABOVE WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR CNR: KAHC010297492019 NC: 2026:KHC:39675 WP No. 44965 of 2019 ORAL ORDER The petitioner, who had apparently met with a road traffic accident, had suffered multiple injuries in the nature of fracture over his both thighs, knee joints, legs and other parts of the body. He had apparently availed services of respondents and had paid huge amount of fees towards the medical treatment. Being dissatisfied with the service rendered by the respondents, alleging negligence, he had filed a complaint before Karnataka Medical Council. 2. After the trial, the Karnataka Medical Council, has passed the order dated 28.07.2018, holding that there is no professional or medical negligence attributable on respondents while attending the petitioner. As such, the respondents were ordered to be exonerated. 3. Being aggrieved, the petitioner is before this Court. 4. Heard learned counsel for the parties and perused the material on record. - 4 - HC-KAR CNR: KAHC010297492019 NC: 2026:KHC:39675 WP No. 44965 of 2019 5. On perusal of the material on record, it is evident that there is an alternate remedy of appeal provided in terms of Sections 27 and 30(3) of the National Medical Commission Act, 2019 and also Regulation 8.8 of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. 6. In view of the aforesaid, the petition is hereby disposed of reserving liberty in favour of the petitioner to avail such appeal remedy as provided under the said Act. 7. It is made clear that if such an appeal is filed within a period of 30 days from the date of receipt of certified copy of this order, the time consumed in prosecuting the present petition shall be considered for condonation of delay. Sd/- (M.G.S. KAMAL) JUDGE MDS List No.: 1 Sl No.: 4