Ayurveda Doctor prescribed Allopathy Medicines: SC sets aside NCDRC order of Rs 10 lakh compensation, awards Rs 4 lakh instead
New Delhi: In a case of medical negligence where an Ayurveda doctor prescribed allopathic medicines, the Supreme Court Friday awarded Rs four lakh as compensation to the victim.
The apex court, while noting the sufferings and trauma faced, observed it has been stated in the counter affidavit that even today the complainant has not recovered completely and is under treatment.
The complaint was first filed against the Punjab-based nursing home before a district forum and passing through the state commission and National Consumer Disputes Redressal Commission (NCDRC), the matter reached the apex court.
The complaint alleged medical negligence for wrong diagnosis and wrong treatment, which led to rashes on the body of the complainant girl.
It was alleged that the doctor, who treated her was an Ayurveda doctor and was not competent to prescribe allopathic medicines.
The district forum in 2010 awarded a compensation of Rs one lakh which was upheld by the state commission and the NCDRC enhanced it to Rs 10 lakh against which the nursing home filed the appeal.
Taking note of the development in the case, the apex court preferred to exercise its extraordinary powers under Article 142 of the Constitution to do complete justice in the matter.
A bench of Justices M R Shah and Krishna Murari noted that the NCDRC was not justified in enhancing the amount in absence of any cogent reasons or material.
"It is to be noted that the amount of compensation varies from person to person, looking to the damages and/or disability suffered/sustained. Merely because in some cases, the amount of compensation has been enhanced, in other cases, the amount of compensation cannot be enhanced," the bench noted.
It said while enhancing the amount of compensation to Rs 10 lakhs, the NCDRC had not at all discussed the disability suffered by the complainant.
"Therefore, also, the impugned judgement and order passed by the National Commission enhancing the amount of compensation to Rs 10 lakhs is unsustainable," it said.
"However, at the same time, we are of the opinion that looking to the negligence held to be proved and the trauma and the sufferings by the complainant…..we are of the opinion that the amount of Rs 1 lakh awarded by the district forum is required to be enhanced in the exercise of the powers under Article 142 of the Constitution of India so as to do the substantial justice to the complainant," the court said.
The bench said if the amount of compensation is enhanced to Rs four lakhs, instead of the Rs one lakh awarded by the district forum, the same shall meet the ends of justice.
"However, in the exercise of the powers under Article 142 of the Constitution of India and for the reasons stated herein above, we direct the appellants (nursing home) to pay a total sum of Rs 4 lakhs (instead of Rs 1 lakh awarded by the district forum) to the respondent herein, after deducting whatever amount as deposited by the appellants," it said while quashing the NCDRC order which had enhanced the compensation to Rs 10 lakh.
The bench noted in its verdict that at no point in time, the complainant had challenged the order passed by the district forum aggrieved by the quantum of compensation determined by it.
"In the present case, from the impugned judgment and order passed by the National Commission, it does not appear that the National Commission exercised the suo moto revisional power," it noted.
The apex court said the appellants before it was "taken by surprise" and the NCDRC, without giving any opportunity to them, has enhanced the amount of compensation.
