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In Dr. Suresh Gupta vs. Govt. of NCT of Delhi & Anr. 2004 AIR SCW 4442 the Hon'ble Apex Court propounded that the act attributed to doctor though can be described as negligent act but not so reckless or grossly negligent as to make him criminally liable and accordingly, criminal proceedings were quashed.
The matter in controversy has well been taken care of by the renowned judgment of Hon'ble Apex Court in Jacob Mathew vs. State of Punjab & Anr. 2005 AIR SCW 3685 wherein it was held that negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect the plaintiff has suffered injury to his person or property. The definition involves three constituents of negligence; (1) a legal duty to exercise due care on the part of the party complained of towards the party complaining the former's conduct within the scope of the duty; (2) breach of the said duty and (3) consequential damage. Cause of action for negligence arises only when damage occurs;