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Supreme Court of India 2019-05-10

Nand Kishore Prasad vs Mohib Hamidi & Others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This appeal concerns the adequacy of compensation awarded by the National Consumer Disputes Redressal Commission for medical negligence in a motor vehicle accident case. The Supreme Court examined whether a surgeon's decision to operate was unreasonable and therefore negligent. The Court held that compensation must be calculated using age and income as twin criteria, but acknowledged that where income cannot be verified, standard legal norms for enhancement are unavailable. The appeal was partly allowed, directing the hospital to pay the enhanced compensation with 6% interest from the SCDRC's order date.

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Consumer Law Medical Negligence Compensation Motor Vehicle Accidents

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