CASE TITLE : THE MANAGING DIRECTOR, KAMINENI HOSPITALS Vs. PEDDI NARAYANA SWAMI & ANR.
Due to death of a patient The NCDRC imposed a total compensation of ₹20 lakhs (₹15 lakhs on the hospital and ₹5 lakhs on the doctor), leading to an appeal before the Supreme Court by the Hospital.
Affirming the NCDRC’s findings, the bench comprising Justices BR Gavai and AG Masih held in favour of the claimants, whose son was operated in the Appellant’s hospital by a Doctor, resulting in his death due to medical negligence.
The Court noted that there was sufficient evidence (medical records, treatment history) to conclude negligence, and the hospital failed to disprove negligence despite claiming adherence to standard care.
Since the hospital had already deposited ₹10 lakhs (as per an earlier Court’s interim order), the accrued interest on this deposit was deemed sufficient compensation. Moreover, considering the fact that the deceased was young (27) and a B.Tech graduate, his actual earnings were modest, and future income was speculative, the Court deemed it appropriate to grant Rs. 10 lacs as compensation as already deposited by the Appellant.
“As regards the amount of Rs. 15 lakhs is concerned which is assessed to be paid as compensation by the Appellant, it would not be out of way to mention here that while issuing notice in the present case, this Court had directed the Appellant to deposit an amount of Rs.10 lakhs in the Registry of this Court to be invested in short term fixed deposit to be renewed from time to time. We have been informed that the said amount has increased with the auto renewal facility over a period of time. We are thus of the considered view that the amount of Rs.10 lakhs as stands deposited in this Court by the Appellant along with the accrued interest thereon would serve the interest of justice and the said amount of compensation would suffice as far as the liability of the appellant hospital is concerned.”, the court observed.
