Supreme Court of India
Dr. Balram Prasad v. Dr. Kunal Saha & Ors.
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6 Supreme Court benches have cited this judgment.
From the headnote
CONSUMER PROTECTION ACT, 1986: Complaint - Medical negligence - Contributory negligence - Death of an US f)ased patient in hospital in India - National Commission holding the hospital and doctors liable for medical negligence as also the husband of deceased liable for contributory negligence and, as such, deducting 10% towards contributory negligence from compensation, awarding Rs. 1,55,58,750 to claimant - Held: Appellant-Hospital is vicariously liable for its doctors and is, therefore, directed to pay total amount of compensation amounting to Rs. 6, 08, 00, 5501-, under various heads as
Authorities it was built on
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- 2003 Abati Bezbaruah v. Director General Geological Survey of India and Anr.
- 2002 Nagappa v. Gurudayal Singh and Ors.
- 2009 Nizam's Institute of Medical Sciences v. Prasanath S. Dhananka & Ors.
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- 2010 Arvind Kumar Mishra v. New India Assurance Co. Ltd. and Anr.
- 1996 Achutrao Haribhau Khodwa and Ors. v. State of Maharashtra and Ors.
- 1998 M/s. Spring Meadows Hospital Ano Anr. v. Harjol Ahulwalia through K.S. Ahulwalia and Anr.
- 2001 The Oriental Insurance Co. Ltd. Etc. v. Hansrajbhai V. Kodala and Ors. Etc. Etc.
- 2008 State of Punjab & Anr. v. Jalour Singh & Ors.
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- 2009 Malay Kumar Ganguly v. Dr. Sukumar Mukherjee and Others
- 2001 M.S. Grewal and Anr. v. Deep Chand Sood and Ors.
- 2001 Lata Wadhwa and Ors. v. State of Bihar and Ors.
- 2010 V. Kishan Rao v. Nikhil Super Speciality Hospital & Another.
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- 2004 Savita Garg v. The Director, National Heart Institute
- 2001 J.R. Prashar, Advocate and Ors. v. Prasant Bhushan, Advocate and Ors.
- 2009 R.K. Malik and Anr. v. Kiran Pal and Ors.
- 1995 Indian Medical Association v. V.P. Shantha and Ors.
- 2009 Tahazhathe Purayil Sarabi & Ors. v. Union of India & Anr.
- 2000 Charan Singh v. Healing Touch Hospital and Ors.
- 2011 Ramachandrappa v. The Manager, Royal Sundaram Alliance Insurance Company Limited
- 2009 Oriental Insurance Co. Ltd. v. Angad Kol and Ors.
- 2010 Shyamwati Sharma & Ors. v. Karam Singh & Ors.
- 1996 Smt. Sarla Dixit and Anr. v. Balwant Yadav and Ors.
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- 2008 Laxmi Devi & Others v. Mohammad Tabbar & Another
- 2008 Samira Kohli v. Dr. Prabha Manchanda & Anr.
- 2005 State of Punjab v. Shiv Ram and Ors.
- 2009 P.G. Institute of Medical Education & Research Chandigarh v. Jaspal Singh & Ors.
- 2008 The Apsrtc, Rep. by its General Manager and Anr. v. M. Ramadevi and Ors.
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- 2009 Usha Rajkhowa & Ors. v. Paramount Industries & Ors.
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Where later benches applied it
- 2018 Union of India v. Moolchand Khairati Ram Trust
- 2024 Jyoti Devi v. Suket Hospital & Ors.
- 2023 M/s Suneja Towers Private Limited & Anr. v. Anita Merchant
- 2019 Maharaja Agrasen Hospital & Ors. v. Master Rishabh Sharma & Ors.
- 2015 V Krishnakumar v. State of Tamil Nadu & Ors.
- 2014 Raman v. Uttar Haryana Bijli Vitran Nigam Ltd. & Ors.
Of those, 1 relied on · 5 referred to
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