Manipal Hospital Acid Attack: NCDRC Enhances Compensation To ₹17.21 Lakh After Finding 75% Permanent Disability
The National Consumer Disputes Redressal Commission (NCDRC), comprising Justice Sudip Ahluwalia and Dr. Sadhna Shanker, enhanced the compensation awarded to an acid attack victim from ₹13,19,577 to ₹17,21,865, holding that his permanent disability ought to have been assessed at 75% instead of 50%. The Commission found that the State Commission had erred in assessing the complainant's permanent disability at 50%, despite a Disability Certificate issued by St. John's Medical College & Hospital certifying 75% permanent disability.
Facts
The complainant, Sri Ramanathan M., was employed as a Pharmacist with Manipal Hospital, Bengaluru, and was covered under group insurance policies issued for hospital employees. On 4 May 2007, while visiting his brother who was admitted at the hospital, the complainant was allegedly attacked with acid by a staff nurse, causing grievous burn injuries to his face and body.
He initially received first aid at Manipal Hospital and was subsequently shifted to St. John's Medical College & Hospital, where he underwent prolonged treatment and nearly 12 surgeries. The complainant alleged that the attack resulted in permanent facial disfigurement, functional disability and psychological trauma. A disability certificate issued by St. John's assessed his permanent disability at 75%.
Alleging negligence and deficiency in service, the complainant sought around ₹64 lakh compensation from the hospital and insurers towards medical expenses, disability, loss of future earning capacity, pain and suffering and other damages. The District Commission initially awarded ₹1.5 lakh, which was later enhanced by the Karnataka State Commission to ₹13,19,577 with 8% interest.
The complainant approached the NCDRC seeking further enhancement, particularly contending that his disability had been wrongly assessed at 50% instead of the medically certified 75%.
Observation and decision:
The NCDRC observed that the State Commission had rightly assessed the compensation and applied the appropriate multiplier in accordance with the Supreme Court's decision in Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121. However, it found that the State Commission had assessed the complainant's permanent disability at 50%, whereas the Disability Certificate issued by St. John's Medical College & Hospital, Bengaluru, dated September 25, 2009, assessed his permanent disability at 75%.
The Commission accordingly held that interference was warranted only with respect to the assessment of compensation corresponding to the percentage of disability. It enhanced the compensation awarded towards permanent disability on account of facial disfigurement from ₹8,04,576 to ₹12,06,864, thereby taking the complainant's total entitlement, including medical and incidental expenses, to ₹17,21,865, as against ₹13,19,577 awarded by the State Commission.
Accordingly, the NCDRC allowed the Revision Petition and modified the impugned order to the extent that the complainant was held entitled to total compensation of ₹17,21,865 instead of ₹13,19,577.
The Commission, however, clarified that the present Revision Petition was decided in the absence of PNB MetLife India Insurance Co. Ltd., which had filed a separate Revision Petition No. 716 of 2018 against the same order and which remained pending. The NCDRC held that the present decision was without prejudice to PNB MetLife's entitlement in the pending revision petition, and that execution of the present order would remain subject to the final determination of Revision Petition No. 716 of 2018. The parties were directed to bear their own costs.
Appearances:
For Ramanathan M.: Mr. Gopal Vermma, Advocate with Mr. Umang Rajeev Pal, Advocate
For R-2/ Hospital: Ms. Nikita Menon, Advocate (VC)
Case Title: Ramanathan M. v. PNB MetLife India Insurance Co. Ltd. & Ors.
Case No.: REVISION PETITION NO. 897 OF 2019