Supreme Court of India · 2013-01-09
A.Srimannarayana vs Dasari Santakumari & Anr
- Citation / case number
- AIRONLINE 2013 SC 43
- Court
- Supreme Court of India
- Petitioner
- A.Srimannarayana
- Respondent
- Dasari Santakumari & Anr
- Author
- Anil R. Dave
- Bench
- Anil R. Dave
Judgment text excerpt
The Supreme Court upheld the National Consumer Disputes Redressal Commission's dismissal of a revision petition challenging the registration of a complaint against doctors for medical negligence. The Court clarified that the judgment in Martin F. D'Souza was declared per incuriam by the subsequent ruling in V. Kishan Rao, which established that expert opinion is not a prerequisite for the District Forum to entertain complaints of medical negligence. The Court emphasized that the standards of negligence differ between civil and criminal law, affirming the legal principle that civil negligence does not equate to criminal negligence under Section 304A IPC.