JUDGMENT

Dr Dhananjaya Y Chandrachud, J. - Leave granted.

2. The appeal arises from an order of the National Consumer Disputes Redressal Commission [NCDRC.] dated 7 October 2016. The Union of India, through the Secretary in the Ministry of Health and Family Welfare, and Safdarjung Hospital have challenged the order of the NCDRC. The first respondent was the original complainant in a consumer complaint [Case No. 55/2005.] instituted before Consumer Disputes Redressal Forum - II [District Forum.] , New Delhi. The complaint alleged medical negligence against Sarvodaya Hospital and Safdarjung Hospital. The NCDRC allowed the revision of Sarvodaya Hospital. While exonerating it of the finding of medical negligence, it held Safdarjung Hospital liable to pay the compensation of Rs 2 lakhs imposed by the State Consumer Disputes Redressal Commission [SCDRC.] .

3. The spouse of the complainant who was pregnant, was admitted to Sarvodaya Hospital in a medical emergency at about 5 am on 9 March 2004. She delivered a baby at about 8 am, a few hours after admission. The baby was delivered prematurely and, according to the complainant, required medical care in a Nursery ICU. The complainant and his