PULAK SAHA Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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(1.)This petition has been filed under Article 226 of the Constitution of India in public interest by a practicing advocate of this court who is also engaged in social services activities. Petitioner has sought to project in-action and negligence on the part of doctors and hospital administration which according to him, led to the unfortunate premature death of a young promising lawyer who was the sole source of financial and emotional support for his widowed mother. Prayers made in this PIL include those for conducting a detailed enquiry into the allegations of medical negligence, formation of a special investigation team for investigating into a complaint of commission of offence under sec. 304 Part II read with sec. 34 IPC and for payment of compensation of Rs.50,00,000.00 (Rupees Fifty Lakhs) to the mother of the deceased.
(2.)After the death was reported to police, an FIR was registered for commission of offence punishable under sec. 304 Part II IPC with the intervention of the Superintendent of Police, West Tripura, Agartala. The police had completed the investigation and submitted the charge sheet on 15/10/2020 for commission of offence punishable under sec. 304A read with sec. 34 IPC against those who were found responsible for the death of Bhaskar Debroy. The State Government also constituted a death audit team comprising of four faculty members of GBP and AGMC hospital headed by Dr. Sankar Debroy, Assistant Professor of Agartala Government Medical College (AGMC) who has submitted preliminary audit report dtd. 10/3/2020. The final report of the death audit team dtd. 12/3/2020 has also been submitted. This apart, the State Government had also set up a Magisterial enquiry which was conducted by the District Magistrate and Collector, West Tripura, Agartala. Report of the Magisterial enquiry was submitted on 24/8/2020. The terms of reference for the Magisterial enquiry were to find out circumstances into the cause of unnatural death of Bhaskar Debroy leading to his death and medical negligence, if any, during his treatment.
(3.)By filing I.A No. 01 of 2020, petitioner prayed for directions to pay interim compensation of a sum of Rs.15,00,000.00 (Rupees fifteen lakhs) to the mother of deceased Bhaskar Debroy pending further consideration of the public interest litigation. The I.A was decided by us by order dtd. 4/1/2021 directing State respondents No. 1 and 2 to pay compensation of a sum of Rs.10,00,000.00 (Rupees ten lakhs) to Smt. Kankana Debroy, mother of deceased Bhaskar Debroy.
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