Doctor to pay 15 lakh for causing mental retardation to child
The SC directed the doctor to pay the compensation for prescribing wrong medicine to the child causing his mental retardation.
New Delhi: The Supreme Court has directed a Ayurveda medical practitioner to pay Rs 15 lakh compensation for prescribing wrong medicine to a child causing his mental retardation.
A bench headed by Justice GS Singhvi asked the Rishikesh-based medical practitioner to pay the amount to the child's family within three months.
The bench enhanced the amount of compensation from five lakh, directed by the National Consumer Disputes Redressal Commission, to Rs 15 lakh on a plea filed by the mother of the child.
"We, accordingly, set aside that part of the order passed by the National Commission and enhance the amount of compensation to Rs 15 lakhs for payment in favour of the appellant (the child's family) with a direction to the respondents to pay the amount to the appellant within three months," the bench said.
The bench held the self proclaimed doctor RK Gupta guilty of unfair trade practice and unfair method and deceptive practice. "We hold that both Prashant (the child) and the appellant (mother) suffered physical and mental injury due to the misleading advertisement, unfair trade practice and negligence of the respondents. The appellant and Prashant thus are entitled to an enhanced compensation for the injury suffered by them," the bench said.