Ashish Kumar Mazumdar V/s Aishi Ram Batra Charitable Hospital Trust and Ors.

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2014-04-22
Case No: 4010, 4011-4012 of 2010
Case Type: Appeal (Civil)
Judge Name: P. Sathasivam, C.J.I., Ranjan Gogoi and N.V. Ramana,
Subject: Hospital Services
Statutes / Acts: Constitution of India
Section: Article 136
Bench Strength: Bench with Chief Justice
State of Appellant(s): Delhi
History of Case No: Suit No. 3413 of 1991 at High Court of Delhi
Case Note / Description :

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

 
 
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