Supreme Court of India Judgements

46695 Judgements hosted as on 19/01/2025 - Search (FREE), Subscribe, Read & Download

Category: Consumer

Consumer Medical Negligence

Medical negligence – Adopting an alternative medical course of action would not amount to medical negligence – After the difficulties faced during the ‘Tracheostomy Tube’ (TT) decannulation process and the discovery of a stridor, opting for the ‘Nasotracheal Intubation’ (NI) procedure as an alternative course of treatment to aid respiration could be medically justified as well

Oct 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M.A BIVIJI — Appellant Vs. SUNITA AND OTHERS — Respondent ( Before : Manoj Misra and Hrishikesh Roy, JJ. ) Civil Appeal No. 3975,…

Consumer

Medical Negligence – The standard to be applied for judging, whether the person charged has been negligent or not, would be that of an ordinary competent person exercising ordinary skill in that profession. It is not possible for every professional to possess the highest level of expertise or skills in that branch which he practices. A highly skilled professional may be possessed of better qualities, but that cannot be made the basis or the yardstick for judging the performance of the professional proceeded against on indictment of negligence.

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MRS. KALYANI RAJAN — Appellant Vs. INDRAPRASTHA APOLLO HOSPITAL AND OTHERS — Respondent ( Before : Prashant Kumar Mishra and A.S. Bopanna, JJ. )…

Consumer

“Commercial Purpose” – Even purchases in certain situations for ‘commercial purposes’ would not take within its sweep the purchaser out of the definition of expression ‘consumer’ -if the commercial use is by the purchaser himself for the purpose of earning his livelihood by means of self-employment, such purchaser of goods would continue to be a ‘consumer’.

Sep 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ROHIT CHAUDHARY AND ANOTHER — Appellant Vs. M/S VIPUL LTD. — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. ) Civil…

Consumer

HELD that the leak of ammonia gas was not occasioned due to wear and tear (as claimed by the Respondent) but was the outcome of an accident[1] which was not foreseen and beyond its control and not covered by any of the exceptions in the Refrigeration Policy (Exception Clause 3) so as to entitle the Respondent to claim immunity for the ultimate purpose of repudiating the insurance claim lodged by the Appellant – Payment of Rs. 2,25,00,000/- in full and final.

Aug 10, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH S.S. COLD STORAGE INDIA PVT. LTD. — Appellant Vs. NATIONAL INSURANCE COMPANY LIMITED — Respondent ( Before : A.S. Bopanna and Dipankar Datta, JJ.…

Consumer

Mere delay in intimating the insurance company about the occurrence of theft, especially when an insured has lodged the FIR immediately after the theft of a vehicle occurred and when the police after investigation have lodged a final report after the vehicle was not traced and when the surveyors/investigators appointed by the insurance company have found the claim of the theft to be genuine, should not be a sufficient ground to deny the insurance claim.

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASHOK KUMAR — Appellant Vs. NEW INDIA ASSURANCE CO. LTD. — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. ) Civil Appeal…

Constitution Consumer

Consumer Protection Act, 2019 provide for the remedy of appeal to Supreme Court only with respect to the orders which are passed by the NCDRC in its original jurisdiction or as the court of first instance (original orders) and no further appeal lies against the orders which are passed by the NCDRC in exercise of its appellate or revisional jurisdiction.

Jul 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD. — Appellant Vs. SURESH CHAND JAIN AND ANOTHER — Respondent ( Before : J.B. Pardiwala and Manoj…

Consumer

Medical bills which have been issued by Hospital and Research Centre, as per which appellant had incurred expenditure – – Direction to pay the amount, Rs.4,09,000/- in terms of Medical bills with interest of 7% per annum from the date of filing of the complaint before the District Forum till its realisation – Appeal allowed.

Jul 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HEM RAJ — Appellant Vs. THE NEW INDIA ASSURANCE CO. LTD. — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. ) Civil…

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