M/S SUKHDA HOSPITAL vs SH. PREM KUMAR BATRA & ORS.

Judgment text excerpt

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2926/2024 & CM APPL. 39426-39428/2024 & CM APPL. 62166/2024 M/S SUKHDA HOSPITAL .....Petitioner Through: Mr. Sudhir Kumar Gupta, Advocate. versus SH. PREM KUMAR BATRA & ORS. .....Respondent Through: Mr. Manvendra Verma with Mr. Akash Choudhary, Advocates for R- 2. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN ORDER % 27.08.2025 1. Petitioner-Hospital takes exception to the order dated 13.05.2024 passed by Hon’ble National Consumer Disputes Redressal Commission (in short “NCDRC”) in First Appeal No. 310/2009. 2. A complaint was filed by the parents of a 13 years old boy, who, allegedly, died on account of medical negligence. The complainants sought compensation of Rs. 90,00,000/- for the loss of life of their child, mental agony and torture, besides seeking cost of litigation. 3. The abovesaid complaint was adjudicated by learned State Commission and OP No.1 Dr. O.M. Parmar and OP No.3-M/s Sukhda Hospital (petitioner herein) were directed to pay Rs. 75,000/- each to the complainant, besides Rs. 10,000/- each towards cost of litigation. 4. Such order was challenged by the complainants by filing appeal before the learned NCDRC and vide order dated 13.05.2024, learned NCDRC directed M/s Sukhda Hospital (petitioner herein) to pay Signature Not Verified CM(M) 2926/2024 Digitally Signed 1 By:DINESH CHANDRA Signing Date:28.08.2025 17:19:14 compensation of Rs. 10,00,000/-. 5. Since a sum of Rs. 75,000/-, in terms of order passed by learned State Commission, had already been paid, hospital was directed to pay the balance amount of Rs. 9,25,000/- with interest @ 6% p.a. from the date of institution of the complaint in the year 2005 within three months and, in event of default or delay, the interest was payable @9%. 6. Though complaint