Introduction:

In a significant decision, the Supreme Court has granted relief to an 84-year-old man, directing a doctor to compensate him with Rs. 2 Lacs in a medical negligence case. The patient lost vision in his left eye due to a surgical procedure, leading to a prolonged legal battle spanning over 20 years. After various rounds of litigation, the National Consumer Dispute Redressal Commission (NCDRC) allowed compensation, but the patient contested an ex-parte order claiming he had not received the awarded amount. The apex court, comprising Justices B.R. Gavai and Sandeep Mehta, not only upheld the patient’s right to compensation but also imposed costs on the doctor for misrepresentation.

Arguments of Both Sides:

The patient lodged a consumer complaint against the doctor, alleging medical negligence. After the NCDRC’s order, the patient filed an appeal to the Supreme Court, claiming non-receipt of the compensation and accusing the doctor of misrepresentation. The doctor, in a review petition, contested the patient’s claim and the NCDRC’s ex-parte order.

Court’s Judgement:

The Supreme Court, empathetic to the patient’s plight, directed the doctor to compensate Rs. 2 Lacs with an interest of 12% per annum within two months. Notably, the court increased the interest to 15% if the compensation wasn’t paid within the stipulated time. The court also imposed a Rs. 50,000/- cost on the doctor for falsely representing payment. The judgment emphasized justice for the patient and held the doctor accountable for misleading the NCDRC.