While the National Consumer Forum (NCDRC) awarded a record Rs. 1.7 crore compensation for the wrongful death of Anuradha Saha, her husband and PBT president Dr. Kunal Saha has expressed deep disappointment with the judgment not only for the unjust quantum of compensation (less than 2% of his original claim) but more importantly, for holding him also guilty for “interference” and “contributory negligence” in the death of his wife. In fact, after awarding a total compensation of Rs. 1.7 crore, the NCDRC has deducted 10% from this amount because of the alleged “contributory negligence” by Dr. Saha. Ironically, Supreme Court remanded this case back to the NCDRC in 2009 for the sole purpose of determination of quantum of compensation by the four Kolkata doctors and AMRI hospital after rejecting the claims made by the accused doctors and AMRI hospital that Dr. Saha interfered with the treatment of his wife.
Dr. Saha has filed a new application in the NCDRC before the same bench (Justice Mr. R.C. Jain and Mr. S.K. Naik) asking them to expunge the portion of the judgment which alleged that Dr. Saha also “interfered” and responsible for “contributory negligence” for causing death of his wife. The new application further states that a separate appeal will soon be filed in the Supreme Court for enhancement of the compensation and also for adding applicable interest to the compensation. It may be noted that the NCDRC did not impose any interest against the doctors/hospital even though the case kept pending in the judiciary for 13 years. A copy of the new application filed today in the NCDRC by Dr. Saha is attached below. See also the news published on this topic below.