The Supreme Court, yesterday(29 Jan,2024) awarded a compensation of Rs. 2 lakhs to an 84-year-old man who lost vision in his left eye two decades ago due to medical negligence by a doctor.
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NEW DELHI: The Supreme Court of India on Monday(29 Jan,2024), granted compensation to an 84-year-old man, P.C. Jain, who suffered loss of vision in his left eye due to medical negligence committed by Dr. R.P. Singh two decades ago. This case, arising from proceedings under the Consumer Protection Act, 1986, highlights the long legal battle for justice in cases of medical negligence.
The two-Judge Bench comprising Justice B.R. Gavai and Justice Sandeep Mehta directed,
“In wake of the discussion made hereinabove, we modify the orders passed by the NCDRC and direct that the appellant P.C. Jain shall be entitled to receive compensation of Rs. 2 Lakhs only with interest @ 12% per annum from the respondent Dr. R.P. Singh with effect from the date of filing of the complaint till actual payment is made.”
This decision came after a series of legal proceedings that spanned over two decades, reflecting the complexities and challenges in medical negligence cases.
The case’s journey began when Jain, the appellant/complainant, claimed to have lost vision in his left eye due to medical negligence during a surgical procedure by Dr. Singh. He filed a Consumer Complaint before the District Consumer Disputes Redressal Commission (DCDRC), which granted him a compensation of Rs. 2 lakhs with an interest @ 12% p.a., holding Dr. Singh guilty of medical negligence. However, the State Consumer Disputes Redressal Commission (SCDRC) allowed Dr. Singh’s appeal, citing jurisdictional issues, and ordered the refund of the compensation amount to the doctor. This led Jain to approach the National Consumer Disputes Redressal Commission (NCDRC), which remanded the matter back to SCDRC for a fresh decision. Yet again, SCDRC dismissed the complaint.
The Supreme Court, in its review of the facts and circumstances, noted the prolonged struggle of Jain, who, at 84 years of age, had been contesting this litigation for over 20 years. The Court observed that the NCDRC, while accepting Jain’s revision, unreasonably reduced the interest rate from 12% to 6%. Furthermore, the Court highlighted that Dr. Singh had misrepresented to the NCDRC about the payment of compensation, stating:
“The respondent Dr. R.P. Singh misrepresented to the NCDRC that he had deposited an amount of Rs. 2 Lakhs only, which had been paid to the appellant-complainant P.C. Jain in the year 2011. As a matter of fact, it is the specific plea of the appellant P.C. Jain that he has not received a single penny towards compensation for the loss of vision suffered by him owing to the medical negligence committed by the respondent Dr. R.P. Singh. The review petition filed by Dr. R.P. Singh was allowed ex-parte by the NCDRC in a totally cavalier fashion without putting the complainant to notice.”
In conclusion, the Supreme Court directed Dr. Singh to pay the compensation to Jain within two months and imposed a cost of Rs. 50,000 upon the doctor for procuring the order under review by making a false representation. This judgment by the Apex Court is a significant step in reinforcing the principles of justice and accountability in medical practice. It serves as a reminder of the legal system’s role in providing relief to victims of medical negligence and upholding ethical standards in healthcare. The case, is a testament to the perseverance required in the pursuit of justice and the crucial role of the judiciary in addressing grievances related to medical malpractice.
CASE TITLE:
P.C. Jain v. Dr. R.P. Singh (Neutral Citation: 2024 INSC 67)
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