Supreme Court holds hospital liable for handing over the dead body of a deceased patient to a wrong family
“ Family was at utter shock to know that they have been deprived of performing last rites and rituals of their father as per their customs and traditions .It was not just an issue of judgment error but a very serious thing for the family members who believe and have faith in observing every ritual of a dead family member with love care and respect.”
Dr Prem Lata, Legal Head
Case Title – M/s Ernakulam Medical Centre & Anr. v. Dr. PR Jayasree & Anr.
Case no. – Special Leave To Appeal (C) No. 3545/2020
Date of Judgment 06th August, 2024
Bench : Justice Hima Kohli and Justice Sandeep Mehta
Facts :
On December 30, 2009, Shri R Purushothaman was who is the father of Dr. PR Jayasree & Anr. was admitted to Ernakulam Medical Centre and died later the same night. His family requested that his body be kept in the hospital’s mortuary. Incidentally another patient, Mr AP Kanthy was also admitted to the same hospital on December 28, 2009, and passed away on December 31, 2009. His body was also placed in the hospital’s mortuary.
When Purushothaman’s family arrived at the hospital on January 1, 2010, to collect his body, they pointed out that the body in the mortuary was not of Purushothaman. It came to light that the hospital handed over Purushothaman’s body to Kanthy’s family, who had cremated it by then.
Family was at utter shock to know that they have been deprived of performing last rites and rituals of their father as per their customs and traditions .It was not just an issue of judgment error but a very serious thing for the family members who believe and have faith in observing every ritual of a dead family member with love care and respect.
Dr Jaishree, daughter of Shri R Purushothaman and other legal heirs filed a consumer complaint before the Kerala State Consumer Disputes Redressal Commission (SCDRC), seeking Rs. 1 crore in compensation for the hospital’s negligence. On October 5, 2016, the SCDRC ruled in the complainants’ favour, and ordered the hospital to pay Rs. 25 lakhs in compensation with 12 percent interest per annum from the date of the complaint to the state commission.
The hospital filed an appeal before the National Consumer Disputes Redressal Commission (NCDRC).
On July 4, 2019, the NCDRC reduced the compensation to Rs. 5 lakhs and directed the hospital to deposit Rs. 25 lakhs into the Consumer Legal Aid Account of the State Commission.
The complainants as well as the hospital filed appeals against this decision before the Supreme Court
The Supreme Court held that the NCDRC had no justification for interfering with the SCDRC’s order
“We are of the opinion that there was no justification for passing such an order. The SCDRC had applied its mind on entire conspectus of facts and the evidence produced by the parties and thereafter arrived at a conclusion that ₹ a sum of 25,00,000/- (Rupees Twenty Five Lakhs only) would be adequate compensation for the complainants”, the Court stated.
The Court set aside the NCDRC’s order and reinstated the SCDRC order awarding Rs. 25 lakhs to the complainants. However, it reduced the interest rate on the compensation from 12 percent to 7.5 percent per annum.