A bench headed by Justice MR Shah of the Supreme Court of India held that enhancement of compensation to a victim of medical negligence without issuing notice to the other side is not sustainable. 

The Supreme Court also held that just because the amount of compensation has been enhanced in a few cases as noted in para 14 of Impugned Order does not mean that the amount of compensation could be enhanced in every case.

In the instant case, District Forum had awarded a sum of Rs. 1 Lac towards compensation and an appeal was preferred before the State Commission by the other side which came to be dismissed. The claimant did not challenge the order before the State Commission. The appeal came to be dismissed and against the dismissal of the appeal, the non-claimant preferred a Revision Petition before the National Commission. 

National Commission by the order dated 03.01.2022 enhanced the amount of compensation from Rs. 1 Lac to Rs. 10 Lacs under its Suo Moto Revisional Jurisdiction provided under section 21(b) of the Consumer Protection Act, 1986 which the Court held that from the order passed by the NCDRC it does not appear that the NCDRC had exercised its suo moto revisional power to enhance compensation and the order has been passed without giving any opportunity of hearing.

Read the full judgment:-

https://main.sci.gov.in/supremecourt/2022/12115/12115_2022_8_1502_38066_Judgement_09-Sep-2022.pdf

Case Details:-

CIVIL APPEAL NO. 5931 OF 2022
Chandigarh Nursing Home and Anr. …Appellant(s)
Versus
Sukhdeep Kaur …Respondent(s)