Supreme Court of India · 2024-02-22
Najrul Seikh vs Dr. Sumit Banerjee
- Citation / case number
- 2024 INSC 184
- Court
- Supreme Court of India
- Petitioner
- Najrul Seikh
- Respondent
- Dr. Sumit Banerjee
- Author
- Vikram Nath
- Bench
- Vikram Nath
Judgment text excerpt
The Supreme Court addressed the appeal concerning alleged medical negligence under the Consumer Protection Act, 1986, specifically Section 12. The Court found that the National Consumer Disputes Redressal Commission (NCDRC) and the State Consumer Disputes Redressal Commission (SCDRC) erred in dismissing the complaint, as they failed to adequately consider the expert evidence indicating negligence in the surgery performed on Master Irshad. The Court reinstated the DCDRC's order for compensation of INR 9,00,000, emphasizing the importance of proper medical care and the implications of negligence in medical services.