9. The aforesaid observations leave no manner
of doubt that the observations in Jacob Mathew
(supra) were limited only with regard to the
prosecution of doctors for the offence under
Section 304A IPC.
10. The aforesaid observations and conclusions
leave no manner of doubt that the judgment
rendered by a two-Judge Bench of this Court in the
case of Martin F. D’Souza (supra) has been
correctly declared per incuriam by the judgment in
V. Kishan Rao (supra) as the law laid down in
Martin F. D’Souza (supra) was contrary to the law
laid down in Jacob Mathew (supra).
11. In view of the above, we are of the opinion
that the conclusions recorded by the National
Commission in the impugned order does not call for
any interference. The civil appeals are dismissed.
[Surinder Singh Nijjar]
[Anil R. Dave] New Delhi;JUDGMENT January 09, 2013.