Supreme Court upholds NCDRC order making hospital liable for deficiency in service causing death of B Tech graduate

New Delhi: The Supreme Court on Tuesday upheld the National Consumer Commission's order holding a hospital and its doctor liable for deficiency in service for the death of 27-year-old B Tech graduate.

A bench of Justices B R Gavai and Augustine George Masih found ample evidences as well as records to indicate the negligence, saying the findings returned by the AP State Consumer Disputes Redressal Commission and National Consumer Disputes Redressal Commission in this regard cannot be invalidated and are affirmed.

The court, however, modified the compensation amount of Rs 15 lakh imposed upon Kamineni Hospitals by reducing it to Rs 10 lakhs. The respondent doctor J V S Vidyasagar accepted the NCDRC's judgment and has even deposited Rs five lakh imposed upon him.

The bench rejected the appeal filed against consumer panel's decision made on the basis of a complaint filed by Peddi Narayana Swami.

The court noted the individual was a B Tech graduate and he was working in a soap factory, albeit drawing a modest salary.

"In the beginning, when youngsters start their career, generally, humble short steps are taken. It is evident that he was financially supporting the family and had the qualification and potentiality for earning higher income in future. Therefore, it cannot be said that the compensation as has been assessed by NCDRC is without any basis or the quantum is on extremely higher side," the bench said.

The Managing Director of the Hospitals questioned validity of the NCDRC's order of August 26, 2022 along with the order of March 08, 2011 of the Andhra Pradesh State Consumers Disputes Redressal Commission, which held the Hospital as vicariously liable for medical negligence and foisted it with a liability of Rs 15 lakhs with further compensation of Rs 5 lakhs upon the doctor of the hospital totalling Rs 20 lakhs.