The Supreme Court has given its nod for disbursal of rS 50,000 deposited in its “suitors fund” by the Airports Authority of India (AAI) to the widow of a man who had died of cardiac arrest owing to negligence in shifting him to the nearest hospital in Kolkata in 2012.
The AAI, under provisions of the Consumer Protection Act has deposited rS 50,000 with the top court while filing an appeal against the October 7, 2015 order of the National Consumer Disputes Redressal Commission (NCDRC) which had held its negligence or deficiency in shifting the patient to the nearby hospital and directed payment of rS 10 lakh as compensation to the widow.
Under the Consumer Protection Act, if an appeal is preferred against an order of the NCDRC by a person who is required to pay any compensation, it would be entertained by the top court only if that person has deposited fifty per cent of that amount or Rs 50,000, whichever is less.
The amount is deposited in the “suitors fund” of the top court and under the Supreme Court Rules, 2013, if the appeal is allowed by the court, then the amount deposited by the appellant would be refunded without interest but if it is dismissed, the amount will be allowed to be withdrawn by the other party or disbursed according to the directions of the court.
A bench of Justice Ajay Rastogi on Friday allowed disbursal of rS 50,000 to the widow after she moved an application on the ground that the appeal filed by the AAI had been dismissed by the court on November 29, 2019.
Advocate Dushyant Parashar, appearing for the widow, contended that since the top court had upheld the order of the NCDRC that the AAI was negligent in shifting the man who had suffered cardiac arrest to the nearest hospital in Kolkata and dismissed the appeal, the amount deposited in suitors fund shall be disbursed to her.