In this writ petition, the petitioner sought a mandamus directing respondents to pay Rs.10 Lakhs for the death of her child allegedly due to hospital staff negligence. The Court rejected the compensation claim and directed respondents to conduct an inquiry.
Compensation of Rs.10 Lakhs refused; inquiry directions issued to respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 26.07.2021
Coram
THE HONOURABLE MR.JUSTICE R. MAHADEVAN
WP No. 34372 of 2015
Sathiyabama ..Petitioner
Versus
Chennai - 600 009.
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing
the respondents to pay compensation a sum of Rs.10 Lakhs for death of the petitioner's child due to negligence on part of the 7th respondent's staff.
For Petitioner : Mr.B.Sathiyaraj
For Respondents : Mr. Stalin Abimanyu Government Advocate
ORDER
The present writ petition has been filed by the petitioner seeking a Mandamus directing the respondents to pay a sum of Rs.10 Lakhs as compensation for the death of her male baby, who allegedly died due to the negligence of the seventh respondent Hospital's staffs.
Na.Ka.No. 73443/ AKU2/ 2/ 2014 dated 15.12.2014 directed the fourth respondent to conduct an enquiry with regard to the representation dated 06.11.2014, given by the petitioner's father-in-law and to submit a report within a period of 15 days from the receipt of the said Letter. However, neither an enquiry was conducted nor a report submitted, as directed by the second respondent. Therefore, the petitioner had made a representation dated 02.01.2015 to the respondent 1 to 5, requesting to take action against the aforesaid staffs of the seventh respondent Hospital for the improper treatment given by her inter alia claiming compensation for the death of her baby. Thereafter, the fourth respondent vide Letter in Na.Ka.No.93/Ni1/2014 dated 06.01.2015 directed the petitioner to participate in the enquiry which was scheduled to be held on 13.01.2015, however, the fourth respondent did not conduct any enquiry on that date. Hence, left with no other option, the petitioner had filed a writ petition in W.P.No.4352 of 2015 before this Court, seeking a Mandamus directing the fourth respondent to conduct an enquiry as per the Letter in Na.Ka.No.93/Nil/2014, dated 06.01.2015 and the said Writ Petition was disposed of by this Court vide order dated 20.02.2015. The operative portion of the said order reads as follows:
"2. In the light of the above facts, without going into the merits of the allegations made by the petitioner, the fourth respondent is directed to issue a fresh notice to the petitioner and conduct enquiry on the date fixed based on the documents produced by the petitioner and submit a report to the second respondent for appropriate action. The enquiry shall be conducted by the fourth respondent within a period of three weeks from the date of receipt of a copy of this order.
is disposed of. No costs."
Hence, the petitioner has filed the present writ petition before this Court.
Sd/-
Assistant Registrar(CS-VII)
// True Copy//
Sub Assistant Registrar
mrr/rsh
To
Chennai - 600 009.
Perambalur District.
| 4. The Joint Director, Department of Health and Medicine, Perambalur, Perambalur District. |
|---|
| 5. The Superintendent of Police, Perambalur, Perambalur District. |
| 6. The Chief Medical Officer, Government General Hospital, Perambalur, Perambalur District. |
| 7. The Chief Medical Officer, Government Hospital, Krishnapuram, Perambalur District. |
| +1cc to Mr.B.Sathiyaraj, Advocate, S.R.No.36005 +1cc to the Government Pleader, S.R.No.35973 |
WP No. 34372 of 2015
SSD(CO) CT(02/09/2021)
1 issue framed by the court
Whether this Court can issue a mandamus directing the respondents to pay compensation for the death of the petitioner's child allegedly due to negligence.
Sathiyabama
State of Tamil Nadu Rep. by its Secretary
Joint Director
District Collector
Superintendent of Police
Chief Medical Officer
R. MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
