In Brief
A 45-year-old woman from a rural background underwent a minor D&C procedure at a government hospital where medical negligence led to accidental intra-arterial injection, causing gangrene and necessitating amputation of her right arm above the elbow. The National Commission found medical negligence but awarded only Rs. 2,00,000 in compensation. The Supreme Court allowed the appeal and enhanced compensation by Rs. 10,00,000, holding that compensation must be just and reasonable, considering the victim's poor background, permanent disablement, and suffering—not restricted by socio-economic status. The respondents were ordered to pay within three months or face 6% interest.
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