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Supreme Court of India · 09/09/2025

DEEP NURSING HOME AND ANOTHER versus MANMEET SINGH MATTEWAL AND OTHERS

[2025] 10 S.C.R. 26 · 2025 INSC 1094

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Summary

A patient died of atonic post-partum haemorrhage hours after delivery at the appellants' nursing home and her newborn also died; the State Commission found the obstetrician and nursing home negligent in post-delivery care and the NCDRC, while holding there was no negligence in the labour, delivery and post-delivery management and exonerating the nursing home, fastened liability on the doctor for deficient antenatal care. The Court set both orders aside: the complaint never alleged deficient antenatal care, the NCDRC could not build a new case beyond the pleadings, and five Medical Boards constituted at the complainant's own instance had found no negligence.

Issues

  1. Whether a special leave petition under Article 136 lies against an appellate order of the NCDRC, and whether the appellants should be relegated to Article 226 after the matter had remained pending for over twelve years.
  2. Whether the NCDRC could affirm the award of compensation on a ground (deficient antenatal care) never pleaded in the complaint, after finding that the pleaded case of post-delivery negligence was not made out.
  3. Whether a finding of medical negligence could be sustained when successive Medical Boards of experts had found no negligence on the part of the treating doctor.

Provisions considered

Held

Result

Appeal allowed; NCDRC order dated 09.05.2012 in First Appeal Nos. 158 and 193 of 2007 and the SCDRC judgment dated 31.01.2007 in Complaint Case No. 56 of 2006 set aside and the complaint dismissed. Respondent No. 1 to refund the Rs. 10,00,000 received under orders in the litigation in monthly instalments of Rs. 1,00,000: the first three instalments (Rs. 3,00,000) to New India Assurance Co. Ltd. and the balance Rs. 7,00,000 to Dr. Kanwarjit Kochhar and Dr. GS Kochhar under acknowledgement, the nursing home no longer being in existence; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2025] 10 S.C.R. 26.