Supreme Court - Daily Orders
Sanjay Panchal vs Indubhai Parekh Memorial Hospital And ... on 20 April, 2018
Bench: Arun Mishra, Uday Umesh Lalit
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).4246/2018
Arising out of SLP(C)No.23907/2016
SANJAY PANCHAL ….Appellant(s)
VERSUS
INDUBHAI PAREKH MEMORIAL HOSPITAL & ANR. ...Respondent(s)
O R D E R
Leave granted.
This appeal, by special leave petition is against the judgment and order passed by the National Consumer Dispute Redressal Commission whereby the NCDRC had reduced the quantum of compensation awarded to the appellant by the State Commission from Rs.5,80,000/- to Rs.1,00,000/-.
In the facts and circumstances of the case, we find that due to the medical negligence that has been found by the NCDRC as well as by the State Commission, the order of the State Commission of the award of Rs.5,80,000/-(Rupees Five Lakh Eighty Thousand only) was appropriate. Signature Not Verified We restore the order of the State Commission and set Digitally signed by BALA PARVATHI Date: 2018.04.24 17:24:09 IST Reason: aside the order passed made by the NCDRC. 2
The amount that has been paid shall be adjusted. The appeal stands disposed of, accordingly. Pending applications, if any, stand disposed of.
................... J.
(ARUN MISHRA) .............….. J.
(UDAY UMESH LALIT) NEW DELHI;
APRIL 20,2018
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ITEM NO.55 COURT NO.10 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).23907/2016
(Arising out of impugned final judgment and order dated 27-11-2015 in RP No. 3400/2012 passed by the National Consumers Disputes Reddressal Commission, New Delhi) SANJAY PANCHAL Petitioner(s) VERSUS INDUBHAI PAREKH MEMORIAL HOSPITAL AND ANOTHER & ANR.Respondent(s) Date : 20-04-2018 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Ambuj Dixit,Adv.
Ms. Divya Roy, AOR For Respondent(s) Mr. Pavan Kumar, AOR Mr. R.N. Pareek,Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is disposed of in terms of the signed order.
(B.Parvathi) (Jagdish Chander)
Court Master Branch Officer
(Signed Order is placed on the file)