UNION OF INDIA Vs. N.K.SRIVASTA
LAWS(SC)-2020-7-25
SUPREME COURT OF INDIA
Decided on July 23,2020

UNION OF INDIA Appellant
VERSUS
N.K.Srivasta Respondents


Referred Judgements :-

INDIAN MEDICAL ASSOCIATION VS. V P SHANTHA [REFERRED TO]


JUDGEMENT

DR DHANANJAYA Y. CHANDRACHUD, J. - (1.)Leave granted.
(2.)The appeal arises from an order of the National Consumer Disputes Redressal Commission[NCDRC] dated 7 October 2016. The Union of India, through the Secretary in the Ministry of Health and Family Welfare, and Safdarjung Hospital have challenged the order of the NCDRC. The first respondent was the original complainant in a consumer complaint [Case No. 55/2005.] instituted before Consumer Disputes Redressal Forum - II[District Forum], New Delhi. The complaint alleged medical negligence against Sarvodaya Hospital and Safdarjung Hospital. The NCDRC allowed the revision of Sarvodaya Hospital. While exonerating it of the finding of medical negligence, it held Safdarjung Hospital liable to pay the compensation of Rs 2 lakhs imposed by the State Consumer Disputes Redressal Commission [SCDRC].
(3.)The spouse of the complainant who was pregnant, was admitted to Sarvodaya Hospital in a medical emergency at about 5 am on 9 March 2004. She delivered a baby at about 8 am, a few hours after admission. The baby was delivered prematurely and, according to the complainant, required medical care in a Nursery ICU. The complainant and his spouse were referred to Safdarjung Hospital for admission of the child for emergency medical care. The grievance against Sarvodaya hospital was that prior to the delivery, it had been represented that the Hospital was fully equipped with a Nursery ICU and that when the complainant came to realise that this was not the case, he felt cheated. The complainant proceeded to Safdarjung Hospital with his spouse and child between 12 and 1 pm on 9 March 2004. The grievance of the complainant was that at Safdarjung Hospital, the baby was not placed in a Nursery ICU, but was initially admitted to the General Ward and thereafter to a General ICU. The child died in the last week of April 2004. A complaint was presented before the District Forum seeking damages against Sarvodaya Hospital and Safdarjung Hospital.
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