N. Balakrishnan vs M. Krishnamurthy
Case Brief: N. Balakrishnan vs M. Krishnamurthy (1998) 7 SCC 319
1. Facts
N. Balakrishnan, the petitioner, filed a claim for medical negligence against the respondent doctor/hospital.
The petitioner’s minor daughter suffered permanent disability due to alleged negligence during treatment.
The case came before the Supreme Court on appeal from the National Consumer Disputes Redressal Commission (NCDRC).
The issue was regarding the quantum of compensation to be awarded for medical negligence.
2. Legal Issues
What factors should courts consider while awarding compensation for medical negligence?
How to assess future expenses, loss of income, and pain and suffering for the victim?
The responsibility of medical professionals under consumer protection laws.
3. Supreme Court’s Decision
The Court held that medical professionals owe a duty of care towards their patients and failure to meet it amounts to negligence.
The Court awarded compensation to the petitioner for the permanent injury suffered by the daughter.
Important guidelines on assessing compensation:
Consider loss of earning capacity, both present and future.
Account for future medical expenses and special care required.
Include pain and suffering, loss of amenities, and mental agony.
Compensation must be just, reasonable, and adequate to meet the victim’s needs.
The Court emphasized that the compensation should not be merely symbolic but sufficient to cover all losses.
The judgment also underscored that consumer protection laws apply to medical services.
4. Significance
Landmark judgment in defining the principles for awarding compensation in medical negligence cases.
Set a precedent for calculating future losses and damages.
Increased accountability of healthcare providers under consumer laws.
Raised awareness of patients’ rights and medical professionals’ obligations.
5. Related Case Laws
Dr. Laxman Balkrishna Joshi v. Dr. Trimbak Bapu Godbole (1969) — doctor’s duty of care.
Jacob Mathew v. State of Punjab (2005) — medical negligence and criminal liability.
Indian Medical Association vs V.P. Shantha (1995) — medical services under consumer protection laws.
6. Summary Table
| Aspect | Details |
|---|---|
| Case | N. Balakrishnan vs M. Krishnamurthy (1998) |
| Court | Supreme Court of India |
| Legal Issue | Compensation for medical negligence |
| Decision | Awarded just and adequate compensation including future expenses and loss of income |
| Significance | Set guidelines for assessing damages in medical negligence |
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