SC: Compensation can’t go restrictive if victim has poor & rural background

On 7th March, 2019, the Hon’ble Supreme Court, in the matter of Shoda Devi v. Ddu/Ripon Hospital Shimla And Ors., pronounced that ordinarily, the general damages towards pain and suffering as also loss of amenities of life deserve to be considered uniformly for the human beings and the award of compensation cannot go restrictive when the victim is coming from a poor and rural background.

The Hon’ble Supreme Court observed that:

The requirement in cases of disablement due to medical negligence is of awarding just and reasonable compensation to the victim, while keeping in view the pecuniary damages as also the non- pecuniary damages like pain and suffering and loss of amenities of life. (Para 16)

Ordinarily, the general damages towards pain and suffering as also loss of amenities of life deserve to be considered uniformly for the human beings and the award of compensation cannot go restrictive when the victim is coming from a poor and rural background.(Para 16.2)

Copy of judgement: Judgement_07-Mar-2019

-Tushar Kaushik

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