Deo Kumar Singh Vs.
C.B.P. Sinha  INSC 89 (19 January 2009)
JURISDICTION CIVIL APPEAL NO.317 OF 2009 (Arising out of S.L.P. (C) No.13260 of
2008) Deo Kumar Singh ...Appellant(s) Versus C.B.P. Sinha ...Respondent(s) O R
D E R Leave granted.
By the impugned
order, Bihar State Consumer Disputes Redressal Commission [for short, `the
State Commission'] dismissed the complaint filed by the appellant in which he
claimed compensation of Rupees ten lakhs by alleging that on account of
negligence of the respondent wrong blood group came to be mentioned in the
report of the laboratory and, as a result of that, his wife had to suffer two
abortions. When the matter was taken in appeal, the National Consumer Disputes
Redressal Commission [for short, `the National Commission'], held that there
was total failure on the part of the respondent in exercising adequate care in
analyzing the blood which made his wife to go for abortions. Accordingly the
National Commission awarded compensation of Rupees twenty five thousand
together with interest @ 9% per annum. Feeling dissatisfied, the appellant has
filed this appeal.
....2/- -2- Having
heard learned counsel for the parties and perused the record, we are convinced
that in the facts and circumstances of the case, the National Commission was
not justified in awarding meagre compensation of Rupees twenty five thousand.
When the National Commission found that the respondent was guilty of negligence
in analyzing the blood and the wrong report given by him made the appellant's
wife to suffer two abortions, higher compensation should have been awarded to
him. In our view, in the facts and circumstances of the case, the ends of
justice will be met if the appellant is awarded compensation of Rupees one lakh
appeal is allowed in-part, the impugned order is modified and the respondent is
directed to pay a sum of Rupees one lakh by way of compensation together with
interest at the rate of nine per cent per annum form the date of passing of the
order by the National Commission, i.e., 11th December, 2007, till payment is
made. The respondent is directed to pay the entire amount to the appellant
within a period of four months from today.