VidhiSangh

Supreme Court of India · 30/08/2017

BUOY SINHA ROY (D) BY LR. versus BISWANATH DAS & ORS.

[2017] 14 S.C.R. 558 · 2017 INSC 826

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Summary

The Court agreed that the decision to operate was not itself shown negligent, but found that the separate plea about choosing a nursing home without foreseeably necessary ICU facilities had not been examined or seriously contested. After 23 years of litigation it awarded Rs 5 lakh against the surgeon rather than remanding. It also requested measures for faster consumer dispute disposal and use of ADR.

Issues

  1. Whether the decision to operate and the separate choice of an unequipped venue were properly assessed.
  2. What relief and systemic consumer-forum measures were appropriate.

Held

Result

Appeals disposed of; surgeon directed to deposit Rs 5 lakh within three months for the appellant’s heirs, with 12% interest upon late deposit; consumer-forum efficiency and ADR measures requested.

Judgment PDF: Supreme Court of India, [2017] 14 S.C.R. 558.