Question

supreme court judgment for anuradha saha case on medical negligence in india.

Answer 1

Dr Kunal Saha with his wife Dr Anuradha Saha (right). The court asked the accused to pay Saha six per cent interest on the compensation amount - Rs 5.96cr - from 1999. The total amount comes up to Rs 11.41 crore
"The judgment is landmark in several ways as the court also considered the total amount in salary the victim would have earned till her retirement age," said Saha's lawyer, T V George.A bench of justices S J Mukhopadhaya and V Gopala Gowda passed the order on Saha's appeal challenging a mere Rs 1.72 crore compensation ordered by the National Consumer Commission Forum in October 2011.Enhancing the amount, the SC said doctors at the AMRI - Balram Prasad and Sukumar Mukherjee - will pay Rs 10 lakh each and a third doctor, Baidyanath Halder, will pay Rs 5 lakh.

Answer 2

The claimant filed Original Petition No. 240 of1999 on 09.03.1999 before the National Commissionclaiming compensation for Rs.77,07,45,000/- andlater the same was amended by claiming another sumof Rs.20,00,00,000/-. After the case of MalayKumar Ganguly Vs. Dr. Sukumar Mukherjee1wasremanded by this Court to the National Commissionto award just and reasonable compensation to theclaimant by answering the points framed in the saidcase, the National Commission held the doctors andthe AMRI Hospital negligent in treating the wife ofthe claimant on account of which she died.Therefore, this Court directed the NationalCommission to determine just and reasonablecompensation payable to the claimant.