Care Hospital, The Heart Institute ... vs Surisetty Sannibabu S/O.Late ... on 11 March, 2013
We rely on the decision of the National
Commission in III (2010) CPJ 164 (NC)
in JOHNSON THOMAS & ORS. v. BISHOP
VAYALIL MEDICAL CENTRE & ORS. in which the National Commission discussed the
amount of compensation that can be awarded when there is medical
negligence. In the instant case, the District
Forum has awarded an amount of Rs.2,00,000/- with costs of Rs.5,000/- and
observed that the complainants claimed loss of mothers love and loss of
consortium is not maintainable before the District Forum. We note that this observation of the District
Forum cannot be sustained, keeping in view the judgement of the National
Commission in III (2010) CPJ 164 (NC) and therefore we are of the view that the
complainants are entitled for compensation towards loss of companionship, love
and affection. We observe from the
record that the patient who died is the wife of the first complainant and the
mother of complainants 2 to 8 and we are of the view that the first complainant
lost the love and affection of his wife and the children lost the love and
affection of their mother for which they are entitled to a further compensation
of Rs.3,00,000/-. The decision on which
the counsel for the complainants relied, in that case, the patient who died was
working and contributed Rs.6,000/- towards her family whereas in the instant
case, the patient was a house wife and a woman of 50 years old and hence the prayer claiming compensation is
excessive. Therefore we are of the
considered view that to meet the ends of justice, an amount of Rs.3,00,000/-
towards loss of love and affection can be granted and the order of the District
Forum is modified directing the opposite parties to pay an amount of
Rs.5,00,000/- instead of Rs.2,00,000/- together with costs of Rs.10,000/-.