Supreme Court of India · 2003-10-31
Geetu Sapra And Ors. vs B.L. Kapoor Memorial Hospital And Ors.
- Citation / case number
- I(2004)CPJ11(SC)
- Court
- Supreme Court of India
- Petitioner
- Geetu Sapra And Ors.
- Respondent
- B.L. Kapoor Memorial Hospital And Ors.
- Bench
- S.N. Variava, H.K. Sema
Judgment text excerpt
The Supreme Court held that the National Commission has jurisdiction to hear claims based on alleged negligence of a hospital and doctors, distinct from claims arising from motor accidents, as established in the case of Chairman, Thiruvaluvar Transport Corporation v. Consumer Protection Council. The Court clarified that the claim in this case is not based on the accident itself but on negligence post-accident, allowing for concurrent claims under the Motor Vehicles Act and for negligence. The Court set aside the National Commission's order and remitted the matter back for consideration.