Hospital Releases Dead Body To Wrong Family: Supreme Court Stays NCDRC Order Reducing Compensation

The Supreme Court on Monday stayed an order of the National Consumer Disputes Redressal Commission (NCDRC), lowering the compensation granted to a bereaved family from Kerala, who was deprived from performing the last rites of their deceased family member, as his body was released to another family by the hospital. A Bench of Justices RF Nariman and Navin Sinha issued notice to the Respondent-hospital and said that there shall be stay on operation of the impugned order. In 2009, the Ernakulam Medical Centre Hospital released the dead body of the Petitioners' father, Purushothaman, to the family of one Kanthy. Before the mistake could be detected, Kanthy's family cremated Purushothaman's body, thus depriving the Petitioners' from seeing their father for one last time. In such circumstances, the present Petitioners moved the State Consumer Disputes Redressal Commission, which directed the hospital to pay a compensation of Rs. 25 lakhs with interest, for deficiency in its service. The NCDRC however, in an appeal filed by the hospital, slashed the compensation to Rs. 5 lakhs. A further direction was made to the hospital to pay Rs. 25 lakhs as costs to the Consumer Legal Aid account of the State Commission. The reasoning given by the Apex Commission was that Purushothaman was cremated properly by Kanthy's relatives; and his ashes were received by the Petitioners for further religious rites. The Petitioners have approached the Top Court against the above order, condemning the "insensitive approach" of the NCDRC. As per the special leave petition, the operative portion of this order was passed by the Commission in July, 2019. However, the full judgment with reasons was delivered only in March 2020. "The habit of passing the operative part and reasoned order after a time gap of eight months deserve to be deprecated," the Petitioners have averred. It is also stated that the award of Rs. 5 lakhs as compensation is inequitable in light of the mental agony and trauma undergone by the Petitioners, having been deprived of the opportunity to even see their father for the last time. It is further stated that their fundamental rights were infringed as they could not perform the last rites of their father in accordance with the Hindu customs. Senior Advocate V. Chitambaresh, instructed by AoR Karthik Ashok appeared for the Petitioners. Case Title: PR Jayasree & Anr v. Ernakulam Medical Centre & Anr. Click Here To Download Order Read Order

Hospital Releases Dead Body To Wrong Family: Supreme Court Stays NCDRC Order Reducing Compensation

Akshita Saxena

"The habit of passing the operative part and reasoned order after a time gap of eight months deserve to be deprecated."

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