Goa

StateCommission

CC/09/2012

Micheal Rodrigues & other - Complainant(s)

Versus

Dr.Shantaram.N.Surme & 2 others - Opp.Party(s)

Nigel da Costa Frias

27 Feb 2014

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
Complaint Case No. CC/09/2012
 
1. Micheal Rodrigues & other
H.No:143/2, Poriebhatt, Verna, Salcette
 
BEFORE: 
 HONABLE MR. JUSTICE N.A.Britto PRESIDENT
 HONABLE MRS. Smt.Vidhya R. Gurav MEMBER
 
For the Complainant:
Adv Ms M Lobo
 
For the Opp. Party:
Adv Shri R Naik for OP1
Adv Shri Parsekar for OP2 & 4
Adv Shri N G Kamat for OP3
 
ORDER

The Apex Court in Dr. Balram Prasad vs. Dr. Kunal Shah & ors. (2013 (4) CPR 284) has held that compensation payable in medical negligence cases can be different from compensation payable in other negligence cases. The complainants appear to bepersons of modest means. Complainants claim that their daughter was a bright student and had a potential to become a professional who could be of assistance at their old age. OPs contend that Ravina at 17 years ought to have passed XII  standard and eventually would have married and gone to her husband's house. She had not even passed IX std. It is quite possible that as she grew up, she would styudy harder. It is equally possible that she might stayed as a spinster. These are imponderables. Pai Hospital also appears to be a very small and modest Hospital. Considering the facts of the case and taking a holistic and broad view of the matter, in our opinion a sum of Rs. 18 lacs shall be just and fair compensation payable to the complainants in terms of prayer(ii) of the complaint. The complainants are held entitled to a sum of Rs. 10,000/- in terms of prayer(ii). Compensation ordered to be paid herein shall be paid to the complainants within a period of 30 days failing which the same shall carry interest at the rate of 95 thereafter until it is paid. Compensation to be paid by the  OP doctors jointly and severally.

 
 
[HONABLE MR. JUSTICE N.A.Britto]
PRESIDENT
 
[HONABLE MRS. Smt.Vidhya R. Gurav]
MEMBER

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