Decided on February 28,2019

Nongthombam (n) Samadram (o) Chaoba Devi Respondents


Ramalingam Sudhakar - (1.) Heard Mr. N. Kumarjit, learned AG assisted by Mr. P. Tamphamani, learned Jr. GA to AG for the Appellants. Heard also Mr. Kh. Tarunkumar, learned counsel for the respondent.
(2.) The present appeal is filed against the order of the learned Single Judge challenging the direction issued to the State Government to pay Rs. 2 (two) lakhs as compensation for failure to give proper medical care and treatment to the respondent/writ petitioner's husband.
(3.) Brief facts of the case as recorded in the order of the learned Single Judge is as follows :- "[3] It is the case of the petitioner that the petitioner's husband was earning his livelihood by driving an auto rickshaw. On 28.08.2013, her husband was hit by a truck while he was returning home in his auto rickshaw and thereafter, he was brought in an unconscious state with severe head and abdominal injuries in the Thoubal District Hospital at around 10:00 p.m. According to the petitioner, the officials of the said Thoubal District Hospital without giving proper medical service to her husband, referred him to the Regional Institute of Medical Sciences (RIMS)/ Jawaharlal Nehru Institute of Medical Science (JNIMS). She alleged that in the Thoubal District Hospital only some stitches were given on the injured areas though her husband was found to be suffering from serious lacerated injuries over head/mouth with bleeding. She also claimed that no CT Scan for the head injury nor Ultra sound for the abdominal injury was done at the Thoubal District hospital. According to the petitioner, though the doctors at the Thoubal District Hospital knew that her husband was suffering from serious head injuries, they did not provide proper medical services nor they provided any ambulance after her husband was referred to RIMS/JNIMS and accordingly, she was compelled to take her husband by hiring a non-ambulance private vehicle. [4] Thereafter, the petitioner's husband was brought to JNIMS Hospital and was given an OPD ticket at 11.55 p.m. and was admitted to the MSW-III at 1:20 a.m. of the next day. There he was advised to take CT Scan and other tests. However, since there was no provision for CT Scan in JNIMS, the petitioner did all the necessary tests including CT Scan in a private laboratory. According to the petitioner, the condition of her husband deteriorated steadily as no proper medical service was given and accordingly, being unsatisfied with the medical service given at the JNIMS, she requested the officials of JNIMS to discharge her husband. Her husband was thereafter, discharged from JNIMS on 29.08.2013 at 5:15 p.m. and she rushed her husband to a private hospital, namely, Shija Hospitals and Research Institute where he was kept in ICU. However, he expired on 06.09.2013 and the petitioner incurred expenditure of over Rs. 3 lakh for his treatment. [5] The petitioner, being not well off and being dependent on the income of her husband earned from the running the auto rickshaw, submitted a representation to the state respondents for granting compensation for the negligence on the part of the officials of the Thoubal District Hospital, which however, was not attended to. Having obtained no response from the authorities, the petitioner has filed this petition." ;

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