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Deals & Matter
P.S. Maini Vs Avtar Singh
Supreme Court
Medical Negligence
P.S. Maini Vs Avtar Singh
- O.M.P. (I) (COMM.) 349/2022
- 29 November 2022
- Delhi High Court
Issue
The matter concerns an appeal against a decision of the National Consumer Disputes Redressal Commission (NCDRC) dated 18 March 2020. The NCDRC had enhanced the compensation awarded to the complainant (Respondent No. 2) in a medical negligence case. The original compensation of ₹10 lakhs awarded by the State Consumer Disputes Redressal Commission was increased by ₹1 lakh by the NCDRC. The appellant, Dr. P.S. Maini, challenged this enhancement in the Supreme Court.
Petitioner’s Argument (P.S. Maini)
- Challenge to NCDRC’s Enhancement:
Dr. P.S. Maini, a medical professional, challenged the NCDRC’s decision that increased the compensation to the complainant by ₹1,00,000. He contended that there was no sufficient ground for enhancement beyond what was already awarded by the State Commission.
- Denial of Medical Negligence:
Through his counsel, Senior Advocate Mr. Vikas Singh, the appellant denied any liability for medical negligence. He maintained that no negligence occurred during the treatment of the complainant.
- Settlement Proposal Without Admission:
In an attempt to settle the matter amicably, the appellant offered to pay ₹11,00,000 as a humanitarian gesture, not as an admission of guilt or acknowledgment of negligence. This offer was extended considering the physical condition of the complainant, who was polio-affected.
- Right to Withdraw Deposited Amount:
The appellant also requested that upon settlement and payment of the agreed amount, he be allowed to withdraw the amount earlier deposited with the NCDRC along with any accrued interest.
Respondent’s Argument (Avtar Singh & Anr.)
- Acceptance of Humanitarian Settlement:
The respondents, represented by Mr. Santosh Kumar, accepted the appellant’s proposal of ₹11,00,000. They agreed to forego the allegations of medical negligence and supported setting aside the impugned NCDRC judgment in view of the settlement.
- Non-Pressing of Negligence Allegations:
The respondents clearly stated that they would not pursue the claim of medical negligence if the humanitarian compensation was paid as proposed.
- Request for Final Settlement:
On the basis of the offer and mutual consent, the respondents urged the Court to resolve the matter amicably and bring an end to the prolonged litigation.
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Court's Findings and Observations
- Encouragement of Amicable Resolution:
The Court noted that both parties had engaged in discussions to resolve the matter amicably, with a settlement reached wherein the appellant agreed to pay ₹11 lakhs to the complainant without admitting negligence.
- Consideration of the Complainant’s Condition:
The Court observed that the appellant’s offer was extended on humanitarian grounds, particularly considering the physical disability of the complainant due to polio.
- Withdrawal of Allegations:
Since the respondents had formally agreed not to press the allegations of medical negligence, and the appellant was willing to pay the agreed compensation, the Court recognized that there was no further issue left for adjudication.
- Finality of Dispute:
The Court emphasized that once the settlement amount was paid and encashed, the matter should be treated as resolved in full. The judgment of the NCDRC was to be set aside accordingly.
Court's Decision
- Appeal Allowed:
The Court allowed the appeal and set aside the NCDRC order dated 18 March 2020, which had enhanced the compensation.
- Settlement Accepted:
The Court recorded the settlement as agreed by the parties and accepted the offer made by the appellant to pay ₹11,00,000 to the second respondent.
- Payment Directions:
The Court directed that a cheque for ₹11,00,000 in the name of the second respondent be handed over by the appellant for onward transmission to the respondent’s counsel within two days.
- Right to Reclaim Deposited Funds:
After the cheque is encashed, the Court permitted the appellant to withdraw the amount deposited with the NCDRC along with any accrued interest.
- Disposal of Petitions and Applications:
The Court disposed of both civil appeals (Civil Appeal Nos. 3158 and 3159 of 2020) along with all pending applications.
- Bench Constitution:
The judgment was delivered by a three-judge bench comprising:
- Justice D.Y. Chandrachud
- Justice Indu Malhotra
- Justice K.M. Joseph
Legal Significance
Promotion of Alternative Dispute Resolution (ADR)
The case reflects the Court’s preference for amicable settlements, especially in sensitive matters like medical disputes, where litigation can be prolonged and adversarial.
Judicial Efficiency
By recording a voluntary settlement, the Court saved judicial time and encouraged litigants to resolve matters outside court when possible.
No Finding on Merits
Importantly, the judgment does not make any ruling on whether medical negligence occurred. It solely records a consensual resolution, preserving the professional reputation of the appellant.
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