Akhil Bhartiya Grahak Panchayat and another vs Sevayan Nursing Home and others

In this complaint of medical negligence alleged by the 2nd complainant, Shri Binay Bhusan Das, for the death of his wife, Smt. Manjushree Das on 22nd August, 1992, there is claim for Rs. 30 lakhs. It is stated that the couple had two minor children (1) Master Shankhoshubhro Das, aged 13 years (approximately) and (2) Km. Madhushree Das, aged 8 years (approximately). Mr. Avik Dutta, advocate, in the presence of the 2nd complainant, says that they give up the claim against 1st and 3rd opposite parties. However, it is agreed that without prejudice to the respective contentions to the parties, and without in any way laying the claim of negligence on the shoulders of Opposite Party No. 2. Dr. A. K. Nandi, who is present in Court, Dr. Nandi will pay a sum of Rs. 4 lakhs to the aforesaid minor children of the deceased, Mrs. Manjushree Das. In case the amount of Rs. 3 lakhs in six monthly instalments of Rs. 50,000 each for six months is paid, the whole of the claim of the amount of Rs. 4 lakhs shall stand discharged. In any case, in default, the whole balance amount from Rs. 4 lakhs shall become due and payable immediately.

The amount of Rs. 50,000 shall be paid by means of a bank draft drawn in the names of the minor children in whose name the bank account shall be opened by their father, who himself is an employee of the Central Bank of India. This amount shall be kept in recurring deposit and thereafter, an F.D.R. shall be taken out and interest accruing from that shall be used for bringing up of the minor children. After any of the children attains majority, he shall be entitled to half of the amount and it will be his or her will to keep the fixed deposit or to utilise the amount for his or her education or for any of her purpose. The bank draft shall be payable on or before 10th of every month, 1st bank draft being payable on or before 10th September, 2001.

If the bank account number of the minor children is given to Dr. A. K. Nandi, the amount of Rs. 50,000 (first instalment) may be deposited directly in the account. Otherwise, the bank draft shall be sent by registered post to the address of Mr. Binay Bhusan Das. It is made clear that as the children are minors, the account shall be operated by the father who is the natural guardian. This order shall form part of the award of this Commission. Original petition accordingly stands disposed of.