Taking into account the gross negligence on the part of doctors, the Supreme Court on Thursday ordered the government owned Nizam’s Institute of Medical Sciences, Hyderabad, to pay a compensation of Rs. 1 crore to a software engineer of Infosys who had suffered permanent disability.
A Bench comprising justices B N Agrawal, G S Singhwi and H S Bedi held the medical institute of Andhra Pradesh responsible of acute carelessness while performing the surgical operation on Prashant Dhananka and leaving him paralyzed.
"We have no other option but to conclude that the attending doctors were seriously remiss in the conduct of the operation and it was on account of this neglect the paraplegia had set in," the Bench said.
The Bench augmented his compensation by seven fold from Rs 15 lakh granted by the Andhra Pradesh High Court to Rs 1 crore. The 39-year-old victim, however, had asked for Rs 7 crore as compensation on the ground of being made handicapped forever, and his chance of marrying, having a family and leading a normal life was vanished in perpetuity. The court, however, expressed its inability to direct such huge compensation.
Justifying the increase in the compensation, the court said the brilliant career, he had, has been cut short and there is no possibility of improvement of his physical conditions.
“The compensation would ensure him a steady and reasonable income in a situation when he is unable to earn for himself,” the court added.
The court also appreciated the manner in which the victim appeared in person and argued his case brilliantly.
Prashant was admitted to the Nizam’s Institute of Medical Sciences in September 1990 after complaints of unexplained intermittent fever on the recommendation of the BHEL hospital for further tests. The tests showed a large tumor in his left chest cavity. After an X-ray and a CT scan confirmed this, he was asked to undergo a biopsy.
A team led by a cardio-thoracic surgeon removed the tumor. In the process, a part of his ribs had to be cut. After the surgery, Prashant developed paralysis of the lower portion of the body, including legs.
In 1993, Prashant moved the NCDRC alleging negligence by doctors. The commission held the doctors negligent and directed the institute to pay Rs.1.4 million to him and Rs.150,000 to his father.
Against the consumer court’s order, the institute moved the apex court contending that it had not taken the service of a neuro-surgeon in the surgery from the beginning and had not discussed the case with other institutes in India and abroad.
Prashant also approached the apex court in 1999 saying that the compensation awarded to him by the consumer court was inadequate.
The court had reserved its judgment on the two cross-appeals on Sep 17 last year.
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