Authority: Supreme Court of India, Civil Appellate Jurisdiction
Order Date: 05 August 2026
Case Overview
- Parties: All India Institute of Medical Sciences (AIIMS) as appellant; Charul Manu as respondent.
- Proceedings: Civil Appeals Nos. 11103‑11104 of 2017 filed by AIIMS challenging the Judgment and Order dated 14 March 2016 of the National Consumer Disputes Redressal Commission (NCDRC) in First Appeal Nos. 469 of 2008 and 508 of 2008.
- Background: The dispute arose from the death of a patient who was transferred from AIIMS to Safdarjung Hospital under grave condition. The Tribunal had found that referring the patient to Safdarjung without an adequately equipped ambulance constituted “sheer negligence” by the treating doctors and awarded compensation to the respondent. AIIMS contended that there was no negligence on its part.
- Court Observations: The Supreme Court, after hearing counsel for both sides, observed that the circumstances of the patient’s arrival, the unavailability of a bed at AIIMS, and the subsequent referral to Safdarjung Hospital, followed by the patient’s return to AIIMS, indicated no negligence on the part of AIIMS. The Court acknowledged that the patient and attendant experienced traumatic shifting, but attributed this to the situation rather than any deficiency by AIIMS.
- Compensation Issue: The Court noted that the compensation amount granted to the respondent had already been withdrawn by the respondent. Consequently, the Court found no reason to interfere with the NCDRC’s judgment and order regarding the compensation.
Final Outcome
- The appeals filed by AIIMS are disposed of; the Supreme Court does not interfere with the compensation awarded to the respondent.
- All pending interlocutory applications, if any, are also disposed of.
Topics: Consumer Protection, Medical Negligence