National Consumer Disputes Redressal Commission (NCDRC): While holding the doctors of one of the government hospitals, guilty of medical negligence, NCDRC has directed Delhi Government to pay a compensation of Rs 8 lakh to the legal heirs of a person who died due to excessive dose of radiation field applied on his body during radiotherapy. Said order of the Commission was pronounced on a revision petition filed by wife and children of deceased who were dissatisfied with the compensation of Rs 5 lakh awarded by the State Commission. Another revision petition was also filed in the same matter by Delhi Government seeking reprieve from the liability to pay compensation. Earlier, the deceased had undergone an operation for removal of a malignant tumor cell of D-7 Vertebra in G.B. Pant Hospital but as he developed the same symptoms again, he was referred to Lok Nayak Jai Prakash Narain (LNJP) hospital for some tests and Radiotherapy. In LNJP, due to lack of proper monitoring and excessive heat on the affected portion of the body during Radiotherapy, he suffered paralysis below the chest and ultimately passed away. Complaint was filed before District Forum alleging medical negligence in the matter by the legal heirs. The Forum awarded Rs. 8 lakh for compensation which was later reduced to Rs. 5 lakh by the State Commission. After careful perusal of material on record, NCDRC observed that there was not only lack of proper supervision on the part of the treating doctor when the deceased was being subjected to Radiotherapy, even the dose prescribed for radiation was excessive, which was the cause of the death of the deceased. Commission noted that as the negligent doctors were on pay rolls of the government hospital, Government is liable to pay compensation. NCDRC further noted that “the deceased was employed as an Assistant Engineer in a private company; at the time of his death he was the sole bread earner in the family consisting of four members; the loss of dependency on his death at the young age of about 46 years; we are of the view that restoration of the amount of compensation of 8,00,000/- awarded by the District Forum would be just and adequate compensation”. Himanchal Kumari v. Govt. of NCT of Delhi, 2015 SCC OnLine NCDRC 6, decided on January 27, 2015
