In the present case, the Supreme Court observed that the “Eggshell Skull Rule” was wrongly applied and enhanced the amount of compensation from Rs. 2 Lakhs to Rs. 5 Lakhs.
The present case is related to the “deficiency of service” by the doctor during the surgery which results in continuous pain near the surgical site. After the surgery, there was no improvement in the patient’s condition. So, she decided on further diagnosis and it was found that a 2.5 cm of needle was left near the surgical site which required instant removal.
A consumer complaint was lodged to claim compensation of Rs. 19,80,000/-. The District Forum has awarded the compensation of Rs. 5 Lakh. The respondent further appealed in the State Consumer Dispute Redressal Commission which reduced the amount to Rs. 1 Lakh.
Further, the compensation amount was increased by the National Consumer Dispute Redressal Commission to Rs. 2,00,000/-.
The patient approached the Supreme Court and the court held that the amount was reduced wrongly by applying the “Eggshell Skull Rule”. This rule states that the injurer is liable for those damages only that would exceed the normally expected one.
The court said that this rule contains four conditions and this case doesn’t fall under any of these. The judgment of the District Forum was restored and Rs. 5 Lakh of compensation was awarded.
Case Name- Jyoti Devi v. Suket Hospital & Ors.
Name- Ananya Jaiswal, BALLB (Hons.), Banaras Hindu University, INTERN UNDER LEGAL VIDHIYA.
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