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SUDHANSU JYOTI MUKHOPADHAYA, V.GOPALA GOWDA
Sanjay Kumar – Appellant
Versus
Ashok Kumar – Respondent
The case discusses the legal considerations related to surgical implants, focusing on the rights and liabilities of the parties involved. It examines whether the implant constitutes a defect or fault under the applicable legal standards and addresses the responsibilities of healthcare providers in ensuring the safety and efficacy of surgical procedures (!) . The court holds that the implant must meet certain safety and quality standards, and failure to do so may result in liability for damages. Additionally, the decision emphasizes the importance of informed consent and proper medical procedures to mitigate legal risks associated with surgical implants (!) .
Judgment :-
V. Gopala Gowda, J.
Leave granted.
2. This appeal has been filed against the final impugned judgment and order dated 21.03.2013 passed by the High Court of Delhi at New Delhi in MAC Appeal No.549 of 2007, urging various legal grounds and contentions for further enhancement of compensation in the case of a motor accident involving the appellant whereby the High Court enhanced the compensation awarded by the Motor Accident Claims Tribunal, Delhi (in short ‘the Tribunal’) by [pic]1,52,336/- to a total sum of [pic]6,35,808/-. The Tribunal had awarded compensation of [pic]4,83,472/- under various heads along with 7% interest per annum from the date of filing of the petition till the date of realization of payment.
3. The brief facts of the case are given hereunder:
The appellant, Sanjay Kumar received injuries in a roadside accident on 28.09.2005 due to the rash and negligent driving of the Truck No.HR-38D-9546, the offending vehicle. The appellant remained under treatment from 26.10.2005 to 10.12.2005 and due to injuries sustained, his right leg above the knee had to be amputated.
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