2013 (10) TMI 1564 - SC - Indian Laws

Summary

Issues Involved:
1. Quantum of compensation.
2. Liability of the doctors and hospital.
3. Contributory negligence by the claimant.
4. Method of calculating compensation.
5. Additional claims by the claimant.
6. Interest on compensation.

Summary:

Quantum of Compensation:
The Supreme Court found the compensation awarded by the National Commission inadequate and enhanced it substantially. The Court took into account the future prospects of the deceased's income, the inflation rate, and the economic status of the deceased. The Court awarded Rs. 5,72,00,550/- under the head of loss of income of the deceased, Rs. 7,00,000/- for medical treatment, Rs. 6,50,000/- for travel and hotel expenses, Rs. 1,00,000/- for loss of consortium, Rs. 10,00,000/- for pain and suffering, and Rs. 11,50,000/- for the cost of litigation, totaling Rs. 6,08,00,550/- with 6% interest per annum from the date of the complaint.

Liability of the Doctors and Hospital:
The Court held the AMRI Hospital vicariously liable for the negligence of its doctors and directed it to pay the total compensation awarded, after deducting the amounts payable by the doctors. Dr. Sukumar Mukherjee and Dr. Baidyanath Haldar were each directed to pay Rs. 10 lakhs, and Dr. Balram Prasad Rs. 5 lakhs. The hospital was instructed to reimburse the doctors for any excess compensation they had already paid.

Contributory Negligence by the Claimant:
The Supreme Court set aside the National Commission's finding of contributory negligence by the claimant, Dr. Kunal Saha. The Court emphasized that the claimant's actions did not diminish the primary responsibility and default in duty by the defendants.

Method of Calculating Compensation:
The Court rejected the use of the multiplier method under Section 163A of the Motor Vehicles Act for determining compensation in medical negligence cases. Instead, it relied on the actual income and future prospects of the deceased, considering her qualifications and potential earnings.

Additional Claims by the Claimant:
The Court allowed the enhanced claim made by the claimant, rejecting the contention that the additional claim was not supported by pleadings. The Court emphasized that it is the duty of tribunals and courts to award just and reasonable compensation based on the facts and circumstances of each case.

Interest on Compensation:
The Supreme Court found the National Commission's decision not to award interest on the compensation for the 15-year period the case was pending to be unreasonable. The Court awarded interest at the rate of 6% per annum on the compensation from the date of the complaint until the date of payment.

Conclusion:
The Supreme Court partly allowed the appeals filed by the doctors and the hospital, modifying the compensation amounts they were liable to pay. The appeal filed by the claimant was also partly allowed, enhancing the compensation to Rs. 6,08,00,550/- with 6% interest per annum. The AMRI Hospital was directed to comply with the judgment within eight weeks.