Ashish Kumar Mazumdar vs Aishi Ram Batra Char.Hospital ...

3. According to the plaintiff, he was admitted as an indoor patient in the Batra Hospital on 27.10.1988 and was lodged in Room No.305 on the third floor of the hospital. He was running high fever and was in a delirious state. In the night intervening 31.10.1988 and 01.11.1988, at about 2.20 a.m., the plaintiff’s sister, one Kajal, who was staying with him in the room had noticed the absence of the plaintiff from the room. She promptly informed the staff nurse on duty and a search was conducted to trace out the plaintiff in the course of which a security guard, Hans Raj, found the plaintiff lying on the ground floor in the oncology gallery of the hospital and at a distance of 50 yards from a point immediately below the window of room No. 305. The plaintiff suffered multiple fracture of lumbar vertebrae with complete dislocation of the spinal cord and despite treatment he became a paraplegic i.e. 100% disabled below the waist. Though the plaint is silent on the circumstances in which the injuries were caused or the manner in which the same were sustained, according to the plaintiff, as at the time of the incident he was an indoor patient in the hospital it was the duty and responsibility of the hospital authorities to take care of the plaintiff who was suffering from high fever and was in a delirious state. The plaintiff had alleged that it is on account of the absence of due and reasonable care on the part of the hospital authorities that the incident could occur disabling the plaintiff for the rest of his life. According to the plaintiff though the injuries suffered by him had not immediately affected his employment as a Junior Assistant in Punjab National Bank the same had severely affected his service prospects. Accordingly, the suit in question was filed seeking damages to the extent of Rs. 58 lakhs; the claim, however, was restricted to Rs. 25 lakhs on account of the plaintiff’s inability to pay the requisite court fee on the rest of the amount.

4. The defendant trust, in its written statement, took the stand that the hospital had permitted the plaintiff’s sister to stay in the room as an attendant and that the plaintiff had himself jumped out of the window of his room despite the presence of his sister leading to the injuries suffered. On the said broad facts the defendant denied the allegation of negligence and absence of due care on its part as claimed by the plaintiff in the suit.

5. On the basis of the pleadings of the parties, the learned Trial Judge framed four issues for trial in the suit. Five witnesses including the plaintiff himself (PW-1), his sister (PW-2) and his brother (PW-3) were examined. One Dr. R.K. Srivastava (PW-5) was also examined to prove the disability certificate showing the extent of the disability of the plaintiff. To controvert the case of the plaintiff, the defendant had examined one Dr. Arun Dewan (DW-1) who had treated the plaintiff and the security guard Hans Raj (DW-2) who had found the plaintiff in an injured state.

11. Insofar as the quantum of compensation is concerned, we are of the view that the three broad heads considered by the Division Bench for award of damages are sufficiently representative of the claim of the plaintiff. The precise quantum of compensation that should be awarded in any given case cannot and, in fact, need not be determined with mathematical exactitude or arithmetical precision. So long the compensation awarded broadly represents what could be the entitlement of a claimant in any given case the discretion vested in the trial court and the regular first appellate court ought not to be lightly interfered. Taking into account the facts before us and having regard to the basis on which damages have been awarded, we do not consider the same to be either inadequate or inappropriate so as to justify interference. Accordingly, the appeal filed by the plaintiff is also dismissed.

12. Consequently and in the light of the aforegoing discussions, both sets of appeals are dismissed.

...…………………………CJI.