New Delhi, March 30, 2007
Ramesh Sharma
For the past seven years, NRI Dr. Kunal Saha case
had gone from the lowest to the highest courts in
India. Today the Supreme Court have admitted a Rs.1.43
billion compensation claim by Dr. Kunal whose wife
died due to allegedly wrong treatment during a visit
to Kolkata in May 1998. NRI, Dr. Saha filed three
cases against five doctors- Sukumar Muherjee, Baidyanath
Halder, Abani Roychowdhury, Balaram Prasad and Kausik
Nandy.
Dr. Saha had also filed a Rs. 770 million compensation
case at the National Consumer Disputes Redressal Commission
(NDCRC) in New Delhi against the hospital. In June
2006, NCDRC had dismissed Saha's compensation case
after seven years of hearing.
An organization, "People for Better Treatment"
(PBT) was set up by NRI Dr. Saha to make his crusade
into a mass movement.
In July, PBT filed a case against these doctors
and Saha's lawyer M.N. Krishnamani argued in the Supreme
Court that while the 'criminal' case against the three
doctors - where 'gross negligence' by the doctors
has to be proved - has been allowed by the court,
the NCDRC has wrongfully rejected the compensation
case where only 'negligence' has to be established.
On Friday, a division bench, B.N Agarwal and K.K.
Nawelkar admitted the medical compensation claim of
NRI Saha and this is the largest in Indian history.
