NDLI: Shoda Devi Vs. Ddu/ripon Hospital Shimla and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	compensation granted Consumer Protection Act State Commission Medical negligence national commission rejected the complaint ex gratia payment allowed
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Consumer Protection Act, 1986 (68 of 1986)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Consumer Protection Act, 1986:Medical negligence – Compensation – Appellant’s case was that she was admitted in respondent-Hospital on account of abdomen pain and menstrual problem where she was examined by respondent no.2 and diagnosed with having fibroids and endometrial hyperplasia and had to undergo minor operation – For the said purpose, respondent no.3-para-medico administered intravenous injection of Phenergan directly by a syringe in her right arm –Appellant continuously suffered excruciating pain during the entire surgical procedure and despite bringing the fact to the knowledge of respondents-doctors during and after the procedure, no measures were taken to reduce the discomfort suffered by her – Due to the complications that arose in regard to arm of the appellant which could not be handled by the team of doctors at respondent-Hospital,she was shifted to another hospital in a taxi arranged by her husband where she was diagnosed with acute arterial occlusion with is chemiaof limb caused by intra arterial injection which ultimately resulted in amputation of her right arm above the elbow – Claim petition by appellant – State Commission rejected the complaint but directed the respondent to make ex gratia payment of Rs.2,93,526/- to the appellant – National Commission held that it was a clear case of medical negligence and awarded compensation of Rs.2 lakh –Appeal for enhancement of compensation amount – Held: Appellant was 45 years of age when her right arm was amputated – She belonged to a very poor and rural background and was covered under Integrated Rural Development Programme – National Commission, even after finding it to be a case of medical negligence quantified the amount of compensation only at Rs. 2,00,000/- –When the appellant is shown to be a poor lady from rural background, her contribution in ensuring the family meeting both ends also deserved due consideration – With her disablement and reduced contribution, the amount of compensation ought to be of such level as to provide relief in reasonable monetary terms to the appellant and to her family – Appellant is allowed Rs. 10,00,000/-towards compensation, over and above the amount awarded by the State Commission and the National Commission.Consumer Protection Act, 1986:Medical negligence – Compensation – Determining factors – Ordinarily, the general damages towards pain and suffering as also loss of amenities of life deserve to be considered uniformly for the human beings and the award of compensation cannot go restrictive when the victim is coming from a poor and rural background; rather, in a given case like that of the appellant, such background of the victim may guide the adjudicatory process towards reasonably higher amount of compensation after having regard to all the attending circumstances..
Judge	Hon'ble Mr. Justice Dinesh Maheshwari
Neutral Citation	2019 INSC 334
Petitioner	Shoda Devi
Respondent	Ddu/ripon Hospital Shimla And Ors.
SCR	[2019] 2 S.C.R. 945
Judgement Date	2019-03-07
Case Number	2557

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Shoda Devi Vs. Ddu/ripon Hospital Shimla and Ors.

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Shoda Devi Vs. Ddu/ripon Hospital Shimla and Ors.

Shoda Devi Vs. Ddu/ripon Hospital Shimla and Ors.

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