(E) Medical negligence - Death of wife - Wrong prescripttion of steroid by Doctor in charge and failure to provide adequate supportive therapy - Determination of compensation.
The grant of compensation is based on the principle of restitution in intergrum. The said principle provides that a person entitled to damages should, as nearly as possible, get that sum of money which would put him in the same position as he would have been if he had not sustained the wrong. When a death occurs the loss accruing to the dependent must be taken into account; the balance of loss and gain to him must be ascertained; the position of each dependent in each case may have to be considered separately. For compensating a husband for loss of his wife, therefore, courts consider the loss of income to the family. It may not be difficult to do when she had been earning. Even otherwise a wife's contribution to the family in terms of money can always be worked out. Every housewife makes contribution to his family. It is capable of being measured on monetary terms although emotional aspect of it cannot be. It depends upon her educational qualification, her own upbringing, status, husband's income, etc.
(2001)8 SCC 197, 2009(4) ALL MR 978 (S.C.), AIR 1995 SC 755 - Rel.on.
MALAY KUMAR GANGULY VS. DR. SUKUMAR MUKHERJEE & ORS.
2009-ALL SCR-2039 (Paras 198-200)
