Medical Negligence | Supreme Court Directs Doctor To Pay Rs 2.5 Lakh To Patient Who Lost Vision Of One Eye
The Supreme Court on Monday (January 29) granted relief to the 84-year-old man by directing the Doctor to award him compensation amounting to Rs. 2 Lacs in a medical negligence case. The complainant patient has lodged a consumer complaint against the Doctor after he lost vision in his left eye due to the medical negligence committed by the Doctor in a surgical procedure. The patient has...
The Supreme Court on Monday (January 29) granted relief to the 84-year-old man by directing the Doctor to award him compensation amounting to Rs. 2 Lacs in a medical negligence case.
The complainant patient has lodged a consumer complaint against the Doctor after he lost vision in his left eye due to the medical negligence committed by the Doctor in a surgical procedure.
The patient has been contesting this long drawn-out litigation for a rightful claim of compensation for more than 20 years.
After a round of litigation before the various consumer forums, the National Consumer Dispute Redressal Commission (“NCDRC”) allowed the award of compensation to the patient,
The patient had preferred an appeal before the Supreme Court for the release of the compensation amount against the ex-parte order of the NCDRC which recorded that the patient had received the compensation amount.
However, as per the version of the patient, it hadn't received a single penny of the compensation amount from the Doctor, and the Doctor misrepresented the NCDRC to pass such an order.
The Bench of Justices B.R. Gavai and Sandeep Mehta after noting that the patient has not received a single penny towards compensation for the loss of vision suffered by him owing to the medical negligence committed by the respondent Doctor, directed the Doctor to award the compensation of Rs. 2 Lacs with an interest @12% per annum to the patient within two months failing which the interest shall stand enhanced to 15% per annum.
“In wake of the discussion made hereinabove, we modify the orders passed by the NCDRC and direct that the appellant P.C. Jain shall be entitled to receive compensation of Rs. 2 Lakhs only with interest @ 12% per annum from the respondent Dr. R.P. Singh with effect from the date of filing of the complaint till actual payment is made.”
“The review petition filed by Dr. R.P. Singh was allowed ex-parte by the NCDRC in a totally cavalier fashion without putting the complainant to notice.”, the court observed.
The court also imposed a cost of Rs. 50,000/- on the Doctor for making a false representation that the amount of compensation had been paid to the patient. The cost has to be paid to the complainant.
The court ultimately allowed the Civil Appeal of the complainant patient.
Case Details: P.C. JAIN VERSUS DR. R.P. SINGH
Citation : 2024 LiveLaw (SC) 70