Case of medical negligence as ‘Egg Shell Skull’ Rule could be apply only when patient had pre-existing conditions

Jyoti Devi Vs Suket Hospital & Ors (Supreme Court of India) Conclusion: Compensation by its very nature, had to be just. For suffering, no part of which was the claimant-appellant’s own fault, she had been awarded a sum which could, at best, be described as ‘paltry’. In regard to the application of the Eggshell-Skull Rule, the impugned judgment was silent as to how this rule applied to the present case. It was deemed fit to set aside the Awards of the NCDRC as also the State Commission and restore the Award as passed by the District Forum, meaning thereby that a sum of Rs.5 lakhs oug...