Consumer Protection Act, 1986, Section 23 -- Medical negligence - Enhancement of compensation - Right arm of two years old baby had to be amputated due to negligence of hospital staff - Every year complainant has to incur battery charges for artificial limb which costs Rs.80,000/- annually - Though sufferings, agony, pain which girl will carry cannot be compensated in..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Patient suffering from acute chest pain - Angiography resulted into dissection of aorta but patient did not had serious aorta dissection but was having sub-acute aorta dissection and her condition became stable without any surgical interference - Nobody's case that Doctor was not a competent coronary expert..........
Indian Penal Code, 1860, Section 379, 411, 420, 467, 468, 471 -- Negligence in discharge of official work - At the most it amounts to dereliction of duty but not an offence - Complaint quashed...........
Negligence -- Compensation - Defendant is liable for negligence, if he is under a legal duty to take care - The duty to take care arises towards individuals against whom it may be reasonably anticipated that they will be affected by the act of defendant's omission or commission...........
Negligence -- Compensation - Storage of heap of rubbles on road margin - Road margins are not intended for storing heap of rubbles or for leaving any articles or materials - Persons who are responsible for storing heap of rubbles along side of road margins, are also responsible for such accidents...........
Negligence -- Compensation - Electricity Board negligent in allowing unwanted stay wire to remain on road margin - Due to accident plaintiff suffered 40% permanent disability - Held, considering nature of injuries suffered by plaintiff and his monthly income, he is entitled for total compensation of Rs.5,02,400/- together with 6% interest from date of suit till..........
Indian Penal Code, 1860, Section 304A -- Death due to negligence - Incident occurred due to burst of gas cylinder - Accused filled 6 kg and 200 gms of LPG in petromax gas cylinder, having capacity of 4 kg - Victim when ignited the cylinder in his dhaba, it burst, causing burn injuries to several persons including death of victim - Evidence on record proved that incident..........
Indian Penal Code, 1860, Section 304A -- Death due to negligence - Reduction of sentence - Benefit of probation not granted - However, sentence reduced from 2 years R.I to 1 year R.I but fine of Rs.5000/- shall remain same...........
Medical Council of India Act, 1956 - - Principle of `res ipsa loquitur' - Applicability - Courts below have applied principle of res ipsa loquitur to cast burden of proving that there was no negligence on behalf of defendant - Thereafter, both Courts below has concurrently held defendant liable for negligence and failure to take due care of plaintiff who was an indoor..........
Indian Penal Code, 1860, Section 304 -- Culpable homicide not amounting to murder - Quack - Death of 9 months old baby - Accused administered glucose IV fluid to victim without having qualification or knowledge to do so - Accused had no degree to practice as a medical practitioner - He was quack and committed fraud upon victim by posing himself as a doctor and administered..........
