Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Medical Negligence - Principle of res ipsa /oquitur - Applicability of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Medical Negligence - Principle of res ipsa loquitur - Applicability of - Plaintiff admitted as indoor patient in the Hospital and suffering with high fever and in delirious state - Found lying below the window of his hospital room with multiple fractures and despite treatment became a paraplegic i.e. 100% disabled below the waist - Suit for damages on the ground that absence of due and reasonable care on the part of the hospital authorities led to the incident disabling the plaintiff for rest of his life - Courts below applied the principle of res ipsa loquitur to cast the burden of proving on the defendant that there was no negligence and thereafter held that the defendant was liable for negligence and failure to take due care - Held: There was no error in application of the principle of res ipsa loquitur to the present case - Insofar as the findings of negligence and absence of due care of the defendant was concerned, such findings being concurrent findings of fact the same ought not to be reopened in appeal filed by defendant-hospital u/Art 136 of the Constitution - Any such exercise would be wholly inappropriate to the extraordinary and highly discretionary jurisdiction vested in the Supreme Court by the Constitution - Even otherwise, nothing inherently improbable or outrageously illogical in the conclusions reached by the Trial Judge as affirmed by High Court - Maxims - Res ipsa loquitur.Medical Negligence - Compensation - Damages - Plaintiff admitted as indoor patient in the Hospital and suffering with high fever and in delirious state - Found lying below the window of his hospital room with multiple fractures and despite treatment became a paraplegic i.e. 100% disabled below the waist - Suit for damages on the ground that absence of due and reasonable care on the part of the hospital authorities led to the incident disabling the plaintiff for rest of his life - Courts below of the view that duty of a hospital is not limited to diagnosis and treatment but extends to looking after the safety and security of the patients, particularly, those who are sick or under medication and therefore can become delirious and incoherent - Trial judge quantified the damages at Rs. 7 lakhs - High Court enhanced the amount to Rs. 11 lakhs for loss of future prospects in employment, for keeping an attendant and for non-pecuniary loss including pain and suffering, loss of limb etc. - Held: Insofar as the quantum of compensation is concerned, the three broad heads considered by the High Court for award of damages were sufficiently representative of the claim of the plaintiff - Precise quantum of compensation that should be awarded in any given case cannot and, in fact, need not be determined with mathematical exactitude or arithmetical precision - So long the compensation awarded broadly represents what could be the entitlement of a claimant in any given case the discretion vested in the trial court and the High Court ought not to be lightly interfered - On facts, the quantum of damage cannot be said to be either inadequate or inappropriate so as to justify interference. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2014 INSC 300 |
Petitioner | Ashish Kumar Mazumdar |
Respondent | Ashish Ram Batra Charitable Hospital Trust & Ors. |
SCR | [2014] 5 S.C.R. 519 |
Judgement Date | 2014-04-22 |
Case Number | 4010 |
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