REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2867 OF 2012
Dr. Balram
Prasad … Appellant
Vs.
Dr. Kunal Saha
& Ors. … Respondents
WITH
CIVIL APPEAL No.692 of 2012
Advanced
Medicare & Research
Institute
Ltd. … Appellant
Vs.
Dr. Kunal Saha
& Ors. … Respondents
WITH
CIVIL APPEAL No.2866 of 2012
Dr. Kunal
Saha
…Appellant
Vs.
Dr. Sukumar
Mukherjee & Ors. …
Respondents
WITH
CIVIL APPEAL No.731 of 2012
Dr. Baidyanath
Haldar … Appellant
Vs.
Dr. Kunal Saha
& Ors. … Respondents
AND
CIVIL APPEAL No.858 of 2012
Dr. Sukumar
Mukherjee … Appellant
Vs.
Dr. Kunal Saha
& Ors. … Respondents
Paras 148 to 154 of the Judgment
148. Before parting with the judgment we are inclined to
mention that
the number of
medical negligence cases against doctors, Hospitals and
Nursing Homes in
the consumer forum are increasing day by day. In the
case of
Paschim Banga Khet
Mazdoor Samity Vs.
State of West
Bengal[37], this
Court has already pronounced that right to health of
a citizen is a
fundamental right guaranteed under Article
21 of the
Constitution
of India. It
was held in
that case that
all the
government
Hospitals, Nursing Homes and Poly-clinics are
liable to
provide
treatment to the best of their capacity to all the patients.
149. The
doctors, Hospitals, the Nursing
Homes and other
connected
establishments
are to be dealt with strictly if they are found
to be
negligent with the patients who come to them
pawning all their money
with the hope
to live
a better life
with dignity. The
patients
irrespective of
their social, cultural and economic
background are
entitled to
be treated with
dignity which not
only forms their
fundamental
right but also their human right. We, therefore, hope and
trust that this
decision acts as a deterrent and a reminder
to those
doctors, Hospitals,
the Nursing Homes
and other connected
establishments
who do not take their responsibility seriously.
150. The central
and the state governments may consider enacting
laws
wherever there
is absence of one for effective
functioning of the
private
Hospitals and Nursing Homes. Since the conduct of doctors
is
already
regulated by the Medical Council of India, we hope and
trust
for impartial
and strict scrutiny from the body. Finally, we hope and
believe that
the institutions and
individuals providing medical
services to the
public at large educate and update themselves
about
any new medical
discipline and rare diseases so as to avoid
tragedies
such as the
instant case where a valuable life could have
been saved
with a little
more awareness and wisdom from the part of
the doctors
and the
Hospital.
151.
Accordingly, the Civil Appeal No. 2867/2012 filed by Dr.
Balram
Prasad, Civil
Appeal No. 858/2012 filed by Dr. Sukumar
Mukherjee and
Civil Appeal No.
731/2012 filed by Dr. Baidyanath
Haldar are partly
allowed by
modifying the judgment and order of the National Commission
in so far as the
amount fastened upon them to be paid to the
claimant
as mentioned
below. Dr. Sukumar Mukherjee and
Dr. Baidyanath Haldar
are liable to
pay compensation to the tune of Rs.10 lakhs each and Dr.
Balram Prasad is
held liable to pay compensation of Rs.5 lakhs to the
claimant.
Since, the appellant-doctors have
paid compensation in
excess of what
they have been made liable to by
this judgment, they
are entitled for
reimbursement from the appellant-AMRI Hospital and it
is directed to
reimburse the same to the above doctors within
eight
weeks.
152. The Civil
Appeal No. 692/2012
filed by the
appellant-AMRI
Hospital is
dismissed and it is liable to pay compensation as awarded
in this judgment
in favour of the claimant after deducting the
amount
fastened upon
the doctors in this judgment with interest
@ 6% per
annum.
153. The Civil
Appeal No. 2866/2012 filed by
the claimant-Dr.Kunal
Saha is also
partly allowed and the finding on contributory negligence
by the National
Commission on the part of the claimant is
set aside.
The direction of
the National Commission to deduct 10% of the
awarded
amount of
compensation on account of contributory negligence is
also
set aside
by enhancing the
compensation from Rs.1,34,66,000/- to
Rs.6,08,00,550/-
with 6% interest per annum from
the date of the
complaint to the
date of the payment to the claimant.
154. The AMRI
Hospital is directed to comply with this judgment by
sending demand
draft of the compensation awarded in this appeal to the
extent of
liability imposed on it after deducting the amount, if any,
already paid to
the claimant, within
eight weeks and
submit the
compliance
report.
…………………………………………………………J.
[CHANDRAMAULI KR. PRASAD]
…………………………………………………………J.
[V. GOPALA GOWDA]
New Delhi,
October 24,
2013.
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