Interest On Compensation Awarded In Medical Negligence Cases Is Payable From Date Of Filing Of Consumer Complaint

Consumer cases which travel up to the Supreme Court can take a long time before the matter is finally decided. If a consumer forum bellow has awarded a compensation of say x lacs, the question that arises is that whether interest on this amount is payable from the date of filing of the consumer complaint or from the date on which the consumer complaint is decided.

The Supreme Court has recently confirmed an order passed by District Consumer Forum directing that the compensation in medical negligence cases is payable with interest from the date of filing of the consumer complaint before the consumer forum ( District Forum in this case ).

So therefore the consumer is entitled to receive interest on the compensation awarded from the date of filing of consumer complaint till the amount is actually paid to the consumer and even if the matter takes some time in Higher Courts to be finally decided, the consumer would be getting the interest for this entire period.

So it would be prudent for the consumer to file the consumer complaint expeditiously.

During the pendency of the matter before Higher Forums, the consumer can also make a request / application to the Court to withdraw part of the compensation deposited before the Court by the other side.

The Supreme Court has dealt with the aforesaid / similar issue in the case titled P.C. JAIN VERSUS DR. R.P. SINGH (SLP (Civil) No(s). 683-685 of 2023)

The relevant paragraphs of the aforesaid judgment have been reproduced below:

“17. In wake of the discussion made hereinabove, we modify the orders passed by the NCDRC and direct that the appellant P.C. Jain shall be entitled to receive compensation of Rs. 2 Lakhs only with interest @ 12% per annum from the respondent Dr. R.P. Singh with effect from the date of filing of the complaint till actual payment is made.”