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Jyoti Devi vs. Suket Hospital & Ors. (SC)

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Consumer Protection Act, 1986–Sec. 12–Medical Negligence–Needle was found below the anterior abdominal wall after the operation–Award of Rs. five lakhs–State Commission reduced it up to Rs. one lakh and National Commission modified it up to Rs. two lakhs with the observation that the appellant had received care at other hospitals as well it would be difficult to determine that who was responsible for the needle in the abdoman–Observation of State Commission is not in line with the balance of interest required to be born in mind while determining the compensation–Claimant-appellant suffered the continous pain and suffering without any fault on her part–Eggshell-Skull rule is not applicable in the present case–Amount deserves to enhanced up to Rs. Five lakhs.