AIR 1998 SUPREME COURT 1801 ::1998 AIR SCW 1590 ::1998 (3) ADSC 61 ::(1998) 2 ComLJ 228 ::(1998) 1 LS 74 ::1998 ADSC 3 61 ::(1998) 2 Orissa LR 93 ::1998 (1) UJ (SC) 706 ::(1998) 29 CorLA 170 ::1998 (3) Civ LJ 811 ::1998 (4) SCC 39 ::(1998) 2 Scale 456 ::1998 (120) Pun LR 719 ::1998 (2) All CJ 992 ::(1998) 3 AllMR 136 (SC) ::1998 (33) All LR 48 ::1998 BRLJ 160 ::1998 (2) All WC 1259 ::1998 (1) BLJR 755 ::(1997) 2 CPR 235 ::1998 (1) CPR 1 ::1998 (1) CPJ 1 ::1998 (1) CCJ 521 ::1998 (92) Com Cas 797 ::1998 (1) ChandCriC 189 ::1998 (1) GujLH 643 ::1998 (2) ICC 196 ::(1998) 1 CTC 665 (SC) ::1998 (2) EastCriC 827 ::(1998) 2 Mad LW 38 ::1998 (3) MadLJ63 ::1998 (2) KLT SN 25 (SC) ::1998 (2) RajLW 239 ::(1998) 3 Pun LR 719 ::(1998) 3 SCJ 71 ::(1998) 2 SCR 428 (SC) ::(1998) WritLR 448 ::(1998) WritLR 424 ::1998 (3) Supreme 183 ::1998 CCJ 1 521 ::(1998) 2 JT 620 (SC)

Supreme Court Of India

Hon'ble Judge(s): S. Saghir Ahmad, G. B. Patnaik , JJ

(A) Consumer Protection Act (68 of 1986) , S.2(1)(d)(ii), S.14— Consumer - Definition of - Is wide and include not only person who hires or avails services - But also beneficiary of such services other than person who hires or avails services - Child admitted and treated in hospital by doctor - Child as well as his parents would be "Consumer" - Awarding compensation to both of them for injury each one of them has sustained - Is proper. In Cl. (ii) of S. 2(1) (d) a consumer would mean a person who hires or avails of any services and includes any beneficiary of such services other than the person who hires or avails of the services. When a young child is taken to a hospital by his parents and the child is treated by the doctor, the parents would come within the definition of consumer having hired the services and the young child would also become a consumer under the inclusive definition being beneficiary of such services and as such can claim compensation under the Act. The Commission would be fully justified in awarding compensation to both of them for the injury each one of them has sustained. In the instant case the Commission has awarded compensation on ground of negligence of doctor and nurse in hospital in favour of the minor child taking into account the cost of equipments and the recurring expenses that would be necessary for the said minor child who ....