IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.317 OF 2009 (Arising out of S.L.P. (C) No.13260 of 2008)

Deo Kumar Singh      ...Appellant(s)

Versus

C.B.P. Sinha      ...Respondent(s)

O  R  D  E  R

Leave granted.

By  the  impugned  order,  Bihar  State  Consumer  Disputes  Redressal

Commission [for short, ‘the State Commission’] dismissed the complaint filed by the

appellant in which he claimed compensation of Rupees ten lakhs by alleging that on

account of negligence of the respondent wrong blood group came to be mentioned in

the  report  of  the  laboratory  and,  as  a  result  of  that,  his  wife  had  to  suffer  two

abortions.  When the matter was taken in appeal, the National Consumer Disputes

Redressal Commission [for short, ‘the National  Commission’],  held that there was

total failure on the part of the respondent in exercising adequate care in analyzing the

blood which made his wife to go for abortions.  Accordingly the National Commission

awarded compensation of Rupees twenty five thousand together with interest @ 9%

per annum.  Feeling dissatisfied, the appellant has filed this appeal.

....2/-

- 2 -

Having heard learned counsel for the parties and perused the record, we

are  convinced  that  in  the  facts  and  circumstances  of  the  case,  the  National

Commission was not justified in awarding meagre compensation of Rupees twenty

five thousand.  When the National Commission found that the respondent was guilty

of negligence in analyzing the blood and the wrong report given by him made the

appellant’s  wife  to  suffer  two  abortions,  higher  compensation  should  have  been

awarded to him.  In our view, in the facts and circumstances of the case, the ends of

justice will be met if the appellant is awarded compensation of Rupees one lakh with

interest.

Accordingly, the appeal is allowed in-part, the impugned order is modified

and  the  respondent  is  directed  to  pay  a  sum  of  Rupees  one  lakh  by  way  of

compensation together with interest at the rate of nine per cent per annum form the

date of passing of the order by the National Commission, i.e., 11th December, 2007, till

payment  is  made.   The  respondent  is  directed  to  pay  the  entire  amount  to  the

appellant within a period of four months from today.  

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, January 19, 2009.