In a recent legal decision, the court delves into the complexities of enhancing compensation in medical negligence cases. The court emphasizes the need for a detailed analysis of individual damages and disabilities to ensure justice is served. The case sets a precedent for future compensation awards in similar cases, highlighting the importance of considering unique circumstances for each claimant.
Facts
- The State Commission dismissed the appeal with a cost of Rs. 10,000/-
- The District Forum had directed the appellants to pay Rs. 1 lakh with interest, finding negligence on their part
- The appellants then appealed to the State Commission but were dissatisfied with the outcome
- The National Commission enhanced the compensation to Rs. 10 lakhs, leading to the present appeal by the original opponents/appellants
- Allegations of medical negligence were made against the appellants by the respondent, a minor, through her father.
- The doctor treating her was alleged to be a BAMS (Ayurveda Doctor) prescribing allopathic medicines, raising concerns of competency.
- The wrong diagnosis and treatment by the doctor led to rashes on the respondent’s body that became uncontrollable.
- The case involved issues of wrong medication by a non-competent practitioner, impacting the minor’s health.
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Arguments
- The appellants argue that the National Commission exceeded its jurisdiction by enhancing compensation without any appeal from the complainant.
- They claim that the National Commission did not consider any disability in awarding Rs. 10 lakhs as compensation.
- The learned Senior Advocate for the appellants challenges the findings of negligence against the appellants by the lower forums.
- The respondent’s counsel relies heavily on Section 21(b) of the Consumer Protection Act, 1986.
- The appellants stress that compensation amounts should be based on individual case facts and the level of disability or suffering of the complainant.
- The State Commission dismissed the appeal filed by the original respondents.
- The original respondents then filed a revision petition before the National Commission.
- The original complainant did not further appeal to the State Commission.
- The District Forum awarded Rs. 1 lakh as compensation to the original complainant.
- The original complainant did not challenge the compensation amount awarded by the District Forum.
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Analysis
- The National Commission enhanced the amount of compensation to Rs. 10 lakhs without discussing the disability suffered by the complainant.
- The appellants were not given an opportunity or notice regarding the enhancement of compensation by the National Commission.
- The order passed by the District Forum had attained finality as the original complainant did not appeal to enhance compensation.
- The National Commission did not provide cogent reasons or material justifying the sudden increase in compensation.
- Merely because compensation was enhanced in some cases, it cannot serve as a precedent for automatic enhancement in all cases.
- The amount of compensation should vary based on the specific damages and disabilities suffered by each individual.
- The National Commission’s decision to enhance compensation in the appellants’ revision application is deemed unsustainable.
- The impugned judgment and order passed by the National Commission enhancing the amount of compensation to Rs. 10 lakhs is unsustainable.
- Considering the negligence proven and the suffering of the complainant, along with the expenses incurred for treatment and ongoing medical care, the initially awarded compensation of Rs. 1 lakh by the District Forum is insufficient.
- In exercising the powers under Article 142 of the Constitution of India, the court deems it necessary to enhance the compensation amount to ensure substantial justice for the complainant.
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Decision
- The impugned judgment and order passed by the National Commission enhancing the compensation to Rs. 10 lakhs is quashed and set aside.
- The amount of compensation is enhanced to a total sum of Rs. 4 lakhs, meeting the ends of justice.
- The appellants are directed to pay a total sum of Rs. 4 lakhs to the respondent after deducting the amount already deposited.
- The appellants must pay the balance amount to the original complainant within six weeks, failing which interest at 7.5% will be applicable.
- The original complainant can withdraw the amount already deposited by the appellants with accrued interest.
- The amount to be paid to the original complainant will be through an account payee cheque or direct deposit into the bank account provided by the original complainant.
- The present appeal is disposed of accordingly.
Case Title: CHANDIGARH NURSING HOME Vs. SUKHDEEP KAUR (2022 INSC 943)
Case Number: C.A. No.-005931-005931 / 2022
