Lata Wadhwa & Ors vs State Of Bihar & Ors on 16 August, 2001
5. We have heard the learned counsel for both the parties. The learned counsel for the petitioner submitted that the State Commission held the OP liable for medical negligence and awarded ₹ 1 lakh only as a compensation for the death of 24 years old son of the complainant. The State Commission did not consider the age of deceased and the mental agony sustained by the complainant. The State Commission should have calculated the compensation on the basis of 'multiplier method'. The counsel further submitted that as per the multiplier method, the total compensation shall be ₹4,58,000/- and, therefore, the complainant had sought enhancement of further compensation of ₹3,58,000/-. The counsel further submitted that, the State Commission overlooked the decision of the Hon'ble Supreme Court in Lata Wadhwa Vs State of Bihar, whereby the methodology to calculate compensation in case of death of a person by negligence has been prescribed.