“7. Moreso, when admittedly, the dead body belonging to some other person had been handed over, at this situation, this Court can very well visualise the kind of agony and anguish went through by the family members of the petitioner to perform the last rites. Moreover, the petitioner's and family members had been forcibly denied of their rights to see the body of the deceased before performing final rites to the body. Therefore, this Court is of the firm view that the petitioner is entitled for a reasonable compensation. However, such compensation has to be decided by the Government. Therefore, this Court in the circumstances of the case hereby directs the petitioner to submit a representation claiming adequate compensation, to the second respondent within a period of one week from the date of receipt of copy of the order and thereafter, the second respondent is directed to dispose of the representation by granting some compensation considering the agony and anguish suffered by the petitioner's family members due to the negligent act of the 4th respondent hospital. The order shall be passed by the second respondent within a period of six weeks from the date of the copy of the representation. It is made clear that the petitioner is entitled to compensation. However, the Court leaves it to the discretion of the authority to decide the quantum of such compensation payable.”
