Dr Kunal Saha Won The Highest Compensation Ever In India: Rs 1.77 Cr
Dr Kunal Saha — an Ohio NRI — who had been awarded Rs 1.77 crore compensation for medical negligence that resulted in the death of his wife, on Wednesday filed a review petition to have the amount enhanced. In his petition filed with the National Consumer Disputes Redressal Commission (NCDRC) in New Delhi, Saha also sought the revocation of the 10% deduction — ordered over his alleged interference with doctors’ line of treatment. Saha’s wife Anuradha, a child psychologist, died in 1998 while undergoing treatment at a prominent hospital in Kolkata. She was 36.
Saha said that he plans to donate the compensation amount to create better healthcare facilities for children in India. He won the compensation on October 21 after a 12-year-long legal battle. The amount represents perhaps the highest compensation award in Indian medico-legal history. Previously, the Supreme Court had ordered the payment of Rs 1 crore in a case in 2009.
“After fighting an enormous legal battle for the past 12 years, the NCDRC finally delivered a judgment in Anuradha Saha’s wrongful death case awarding a total of Rs. 1.77 crore against three doctors and AMRI hospital in Kolkata,” Saha said. “The compensation of Rs 97 crore was claimed.”
Interestingly, the NCDRC had earlier found no doctor guilty of negligence and had dismissed the case outright in 2006. “Only after I challenged their decision did the apex court overturn the NCDRC verdict in 2009 and found all doctors and AMRI hospital guilty of medical negligence,” Saha said.
On the whole, the verdict was likely to serve as a strong deterrent to negligent doctors and hospitals in India, said Saha. If necessary, he plans to approach the apex court for enhancement of the compensation.