Dead Body Handed over to wrong family! Supreme Court Holds Hospital Liable, Slaps Rs 25 Lakh Compensation
New Delhi: The Supreme Court recently held that there was a deficiency in service on the part of an Ernakulam-based Hospital as it handed over the body of a deceased patient to the wrong family who cremated the body.
Holding the hospital liable, the Supreme Court bench comprising Justices Hima Kohli and Sandeep Mehta directed the hospital to pay Rs 25 lakh compensation to the complainants, whose father's body was handed over to another family.
The matter goes back to 28th December 2009 when a patient was admitted to the hospital. After two days, the complainant's father was also admitted to the hospital for treatment and expired on 30th December 2009. The deceased's family members requested the appellants that the dead body be kept in the mortuary of the hospital.
On the next day, the first patient also expired at the hospital and his body was kept in the mortuary. Few hours later, the dead body of the complainant's father was handed over to the family members of the first patient and they cremated his body.
Subsequently, on 1st January, 2010, when the family members of the complainant's father came to the hospital for the release of the dead body, they pointed out that the body in the mortuary was not the body of the complainant's father. It then transpired that the corpse in question had been released to the family members of the first patient who had by then cremated the dead body.
Following this, the complainants filed a complaint before the Kerala State Consumer Disputes Redressal Commission claiming a compensation of Rs 1 crore with interest for the deficiency in service on the part of the hospital.
SCDRC directed the hospital to pay the complainant Rs 25 lakh towards compensation with with interest @ 12% p.a. from the date of the complaint along with a cost of 10,000/- (Rupees Ten thousand ₹ only). Challenging this, the hospital filed an appeal before NCDRC.
NCDRC passed two sets of orders. The first was passed on 4th July 2019 and the second was passed on 12th March, 2020. Through the order dated 4th July, 2019, the NCDRC expressed an opinion that the compensation of Rs 5 lakh be awarded to the complainants. Further, it was observed that a sum of Rs 25 lakh should be deposited by the hospital in the Consumer Legal Aid Account of the State Commission. Subsequently, in the order dated 12th March 2020, NCDRC reiterated the same directions in an elaborate order. Aggrieved by this, both parties filed an appeal before the Supreme Court.
However, the Supreme Court bench after perusing both orders, opined that
"there was no justification for the NCDRC to have interfered in the order passed by the SCDRC particularly in view of the fact that the complainants were wronged. There was deficiency in service on the part of the appellant-Hospital having handed over the dead body of the father of the complaints to another family who cremated the said body. Therefore, the appellants could not have avoided their liability on account of deficiency of service."
As per the Apex Court, "The only aspect that engages this Court is the bifurcation of the compensation." The NCDRC bench directed the hospital to pay only a sum of Rs 5 lakh to the complainants and with a further direction that a sum of Rs 25 lakh be deposited with the Consumer Legal Aid Account of State Commission.
"We are of the opinion that there was no justification for passing such an order. The SCDRC had applied its mind on entire conspectus of facts and the evidence produced by the parties and thereafter arrived at a conclusion that a sum of 25,00,000/- (Rupees Twenty Five Lakhs only) would be adequate ₹ compensation for the complainants," ordered the top court bench.
However, it modified the amount of interest from 12% p.a. to 7.5% p.a. and ordered, "Accordingly, the impugned orders are set aside and the order dated 05th October, 2016, passed by the SCDRC is restored except for the interest component which in our opinion is on the higher side. We are of the opinion that instead of 12% interest awarded in favour of the complainants, interest @ 7.5% p.a. would suffice. Ordered accordingly."
"The complainants are at liberty to withdraw a sum of 10,00,000/- ₹ (Rupees Ten Lakhs only) with interest if any, accrued thereon, already deposited by the appellant - Hospital with the SCDRC. The Hospital shall pay the balance sum of 15,00,000/- (Rupees Fifteen Lakhs only) along with ₹ interest @ 7.5% p.a. to the appellants in terms of the order passed by the SCDRC," stated the order.
To read the order, click on the link below:
https://medicaldialogues.in/pdf_upload/supreme-court-rs-25-l-compensation-248317.pdf
