GOVT OF NCT OF DELHI Vs. SHRI PAL

JUDGEMENT

(1.) Aggrieved by the Judgment dtd. 25/1/2021 passed by the learned Single Judge in W.P.(C) 7856/2010 whereby the learned Single Judge directed the Respondent Nos.1 and 2 therein (Appellants herein) to pay a sum of Rs.23,47,680.00 to the Petitioner therein (Respondent herein) as compensation along with the interest at the rate of 9% per annum from the date of filing the petition, the Appellants have filed the instant appeal.

(2.) Shorn of details, brief facts leading to the filing of the instant appeal are as under:

(3.) Mr. Satyakam, learned ASC appearing for the Appellants, submits that the disability of the Respondent could not be assessed more than 30%. He submits that the Respondent had left the hospital against the medical advice and got himself treated from a quack, and therefore, the Appellants cannot be held responsible for the damage has been caused to his hand after he had left the hospital against the medical advice. The Ld. ASC submits that the Ld. Single Judge in the impugned order failed to consider that there was contributory negligence on part of the Respondent in getting himself treated by a quack against medical advice, and this factor ought to have proportionately reduced the compensation amount to be paid to him.