NANDINI RASTOGI Vs FATEH BAHADUR SINGH .
Bench: DALVEER BHANDARI,DEEPAK VERMA, , ,
Case number: C.A. No.-003178-003179 / 2011
Diary number: 22529 / 2010
Advocates: ARUP BANERJEE Vs
RESPONDENT-IN-PERSON
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 3178-3179 OF 2011
(Arising out of SLP(C) Nos. 21582-21583/2010)
NANDINI RASTOGI Appellant(s)
:VERSUS:
FATEH BAHADUR SINGH AND ORS. Respondent(s)
O R D E R
Delay condoned.
Leave granted.
The National Consumer Disputes Rederessal
Commission, New Delhi found appellant and Kulwanti
Hospital & Research Centre jontly 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.
-2-
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.
-3-
These appeals are disposed of with the
aforementioned observations and directions.
.....................J (DALVEER BHANDARI)
.....................J (DEEPAK VERMA)
New Delhi; April 7, 2011.