From Our Bureau
NEW DELHI: The Supreme Court has slashed the compensation of Rs 10 lakh awarded in January 2022 to a girl for medical negligence by a Chandigarh nursing home by the National Consumer Disputes Redressal Commission, causing rashes on her body, to Rs 4 lakh.
The district forum had actually awarded Rs 1 lakh in March 2010, confirming medical negligence in the treatment by an Ayurved doctor, with BAMS degree, who was not competent to prescribe the allopathic medicines. The Chandigarh Nursing Home challenged the higher compensation fixed by the National Commission.
In a judgment pronounced by a Bench of Justices M R Shah and Krishna Murari, the Apex Court held that the national commission has not at all discussed the disability suffered by the complainant and as such the compensation of Rs 10 lakh is unsustainable.
It, however, ordered the compensation of Rs 4 lakh instead of Rs 1 lakh awarded by the district forum, saying it shall meet the ends of justice, in view of the proved negligence and the trauma and suffering of the complainant who has not yet recovered fully as she still has the rashes on her body even after the family spent thousands of rupees on her treatment and medicines. It decided to raise the compensation awarded by the district forum under Article 142 to do the substantial justice to the complainant.
The court directed the nursing home to pay Rs 4 lakh, deducting amount already deposited with the court, within six weeks.
