In a case involving medical negligence, the Supreme Court ordered the doctor to provide the 84-year-old man compensation totaling Rs. 2 Lacs on January 29, 2024, providing relief.

After the doctor’s medical incompetence during a surgical procedure caused him to lose vision in his left eye, the patient filed a consumer complaint against the doctor.

For more than 20 years, the patient has been fighting this protracted legal battle in order to assert a legitimate claim for compensation.

The National Consumer Dispute Redressal Commission (“NCDRC”) approved the patient’s compensation award following a round of litigation before various consumer forums. The patient then filed an appeal with the Supreme Court to have the compensation amount released against the NCDRC’s ex-parte order confirming the patient’s receipt of the compensation amount.

But according to the patient’s account, the doctor had not given them a single penny of the compensation sum, and in order for the doctor to issue this order, he had falsified the NCDRC.

The patient has not received a single penny in compensation for the loss of vision he suffered as a result of the respondent doctor’s medical negligence. The Bench of Justices B.R. Gavai and Sandeep Mehta noted this and ordered the doctor to give the patient Rs. 2 Lacs in compensation along with interest at a rate of 12% annually within two months, failing which the interest will increase to 15% annually.

“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.”

“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.”, the court observed.

The doctor was also fined Rs. 50,000 by the court for lying to the patient about the amount of compensation that had been given to them. The complaint must receive payment for the expense.

In the end, the court granted the complainant patient’s civil appeal.

Case Title: P.C. JAIN VERSUS DR. R.P. SINGH