Full Judgment Text
17.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8081/2010
COURT ON ITS OWN MOTION ..... Petitioner
Through Nemo.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr. A.S. Chandhiok, ASG with Mr.
Neeraj Chaudhri, CGSC for UOI.
Mr. N. Waziri, Standing Counsel and Mr.
Shoaib Haider, Advocate for GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
O R D E R
% 12.01.2011
The present Public Interest Litigation was suo motu initiated by
this Court on the basis of a report published in „Hindustan Times‟
captioned “Man dies as 3 hospitals refuse him treatment”. Be it noted,
the deceased a vegetable vendor was hit by a speeding vehicle and
thereafter he went to the three hospitals, viz., Babu Jagjiwan Ram
Hospital, in Jahangirpuri, Sushruta Trauma Centre near Kashmere Gate
and Lok Nayak Hospital (LNH) near Delhi Gate but the doctors in the
said hospitals declined to admit him. He died.
2. A counter affidavit has been filed by the Government of National
Capital Territory of Delhi whereby the State Government has accepted
the fault and also stated that the concerned doctors have been suspended.
Certain suggestions have been given to ensure that this kind of
occurrence shall not occur in future.
3. Be it placed on record, an affidavit has been filed by the Union of
India wherein certain suggestions have also been given. Let Mr. A.S.
Chandhiok, learned Additional Solicitor General file a memo of
comprehensive suggestions so that the same can be dealt with by us. Mr.
N. Waziri, learned Standing Counsel for the State shall also file a
memorandum of comprehensive suggestions. The suggestions as
directed shall be filed within four weeks.
4. Mr. N. Waziri, learned Standing Counsel for the State has
submitted that the State Government is contemplating to grant ex-gratia
payment and compensation to the legal representatives of the deceased,
viz., late Rambhor.
5. Pending filing of the suggestions, we are inclined to proceed to
deal with the grant of compensation to the legal representatives of the
deceased, subject to final decision of the State Government and any
adjudicatory process. The deceased was a vegetable vendor and he was
40 years old as per the status report of the Government of NCT of Delhi.
He met an untimely death and he was sustaining a family. Regard being
had to the same and the State Government as has been stated
hereinbefore has admitted the fault of the doctors, the vicarious liability
of the State is writ large.
6. In view of the aforesaid, we are inclined to direct the State
Government to pay a sum of Rs.3,00,000/- as an interim compensation to
the legal representatives of the deceased on proper identification within
four weeks from the date of receipt of copy of the order passed today.
rd
Matter be listed for further hearing on 23 March, 2011.
Copy of the order shall be given dasti to the learned counsel for
the parties under signature of the Court Master.
CHIEF JUSTICE
SANJIV KHANNA, J.
JANUARY 12, 2011
VKR
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8081/2010
COURT ON ITS OWN MOTION ..... Petitioner
Through Nemo.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr. A.S. Chandhiok, ASG with Mr.
Neeraj Chaudhri, CGSC for UOI.
Mr. N. Waziri, Standing Counsel and Mr.
Shoaib Haider, Advocate for GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
O R D E R
% 12.01.2011
The present Public Interest Litigation was suo motu initiated by
this Court on the basis of a report published in „Hindustan Times‟
captioned “Man dies as 3 hospitals refuse him treatment”. Be it noted,
the deceased a vegetable vendor was hit by a speeding vehicle and
thereafter he went to the three hospitals, viz., Babu Jagjiwan Ram
Hospital, in Jahangirpuri, Sushruta Trauma Centre near Kashmere Gate
and Lok Nayak Hospital (LNH) near Delhi Gate but the doctors in the
said hospitals declined to admit him. He died.
2. A counter affidavit has been filed by the Government of National
Capital Territory of Delhi whereby the State Government has accepted
the fault and also stated that the concerned doctors have been suspended.
Certain suggestions have been given to ensure that this kind of
occurrence shall not occur in future.
3. Be it placed on record, an affidavit has been filed by the Union of
India wherein certain suggestions have also been given. Let Mr. A.S.
Chandhiok, learned Additional Solicitor General file a memo of
comprehensive suggestions so that the same can be dealt with by us. Mr.
N. Waziri, learned Standing Counsel for the State shall also file a
memorandum of comprehensive suggestions. The suggestions as
directed shall be filed within four weeks.
4. Mr. N. Waziri, learned Standing Counsel for the State has
submitted that the State Government is contemplating to grant ex-gratia
payment and compensation to the legal representatives of the deceased,
viz., late Rambhor.
5. Pending filing of the suggestions, we are inclined to proceed to
deal with the grant of compensation to the legal representatives of the
deceased, subject to final decision of the State Government and any
adjudicatory process. The deceased was a vegetable vendor and he was
40 years old as per the status report of the Government of NCT of Delhi.
He met an untimely death and he was sustaining a family. Regard being
had to the same and the State Government as has been stated
hereinbefore has admitted the fault of the doctors, the vicarious liability
of the State is writ large.
6. In view of the aforesaid, we are inclined to direct the State
Government to pay a sum of Rs.3,00,000/- as an interim compensation to
the legal representatives of the deceased on proper identification within
four weeks from the date of receipt of copy of the order passed today.
rd
Matter be listed for further hearing on 23 March, 2011.
Copy of the order shall be given dasti to the learned counsel for
the parties under signature of the Court Master.
CHIEF JUSTICE
SANJIV KHANNA, J.
JANUARY 12, 2011
VKR