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january 2013

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.

A.Srimannarayana vs Dasari Santakumari & Anr · Niyam