Nandini Rastogi Vs.
Fateh Bahadur Singh and Ors.
O R D E R
The National Consumer
Disputes Rederessal Commission, New Delhi found appellant and Kulwanti Hospital
& Research Centre jointly guilty of negligence and directed a compensation of
Rs.2,50,000/- to be paid to the complainant-respondent No.1, with interest at
the rate of 6% per annum from the date of complaint till the date of payment.
The said amount was directed
to be borne equally by the appellant and the said Hospital - respondent No.2 herein.
We have heard the learned counsel for the parties. In the facts and circumstances
of this case, we are of the considered view that the entire amount of compensation
ought to be paid by the Hospital. We order accordingly.
The order passed by the
National Commission is modified to that extent. Learned counsel appearing on behalf
of the Hospital submits that 50% of the amount has already been paid by them and
the remaining 50% would be paid by the Hospital to respondent No.1 Fateh Bahadur
Singh, within four weeks from today.
The counsel for the Hospital
prayed that detailed discussion be avoided since the Hospital has agreed to pay
the balance amount of compensation as directed. The complainant - respondent
No.1 submits that some amount has been deposited before the Uttar Pradesh State
Commission for Redressal of Consumer Disputes, Lucknow.
We direct that the said
amount shall be paid to the complainant - respondent No.1 within two weeks from
today. These appeals are disposed of with the aforementioned observations and