Shiv Kumar Sharma, J. - (1.) Challenge in this appeal is to the order dated February 6, 2001 of the learned Single Judge whereby the writ petition of the appellant claiming compensation was dismissed.
(2.) Following prayer is made by the appellant in the writ petition : ''(i) the death of the petitioner's husband late Dr. V.R.Rana may kindly be ordered to be treated as an accidental death, (ii) the respondents may kindly be directed to allow the compensation of Rs.50 lacs to the humble petitioner in relation to the death of her 0 husband late Dr. Vir Raghvendra Rana, (iii) by an appropriate writ, order or direction the respondents may be directed to give all the benefits to the humble petitioner which are being given to an Army/Police Officer killed during the course of his duties, (iv) by an appropriate writ, order or direction the respondents may kindly be further directed that as Dr.VR.Rana died due to the infection during the course of his professional duties as Surgeon, his surviving family members may be compensated by giving them all the facilities like the facility of education of his children, facility of 0 residence etc., (v) by an appropriate writ, order or direction if this Hon'ble Court comes to the conclusion that such a matter can be decided only by a Civil Court, than an interim compensation of Rs.10.00 lacs may kindly be ordered to be awarded in favour of the humble 5 petitioner so that she may approach to the civil Court to settle her claim.''
(3.) It is averred in the writ petition that husband of the appellant Dr. Vir Raghvendra Rana (for short 'Dr. Rana'), an employee of State Government, was posted as Associate Professor in Surgery at Sawai Man Singh Medical College & Hospital Jaipur. Looking to his duties Dr. Rana was advised to take vaccine of Engerix-B of Smith Kline Beecham as protective measures. The vaccines were administered to him in three phases i.e. first on January 27, 1993, second on March 3, 1993 and third on July 29, 1993. On March 14, 1994 Dr. Rana was directed to perform his duties at Kota to look after huge 5 burn cases at Baran. Vide another order dated March 20, 1995 Dr. Rana alongwith his team was directed to perform his duties at Rawatbhata to conduct Epidemiological surgery from March 26, 1995 to March 31, 1995. Despite vaccination, Dr. Rana suffered from the disease relating to Hepatitis. The Principal and Controller vide order dated June 24, 1994 constituted a 0 panel of three Specialists. The panel after medical examination opined that Dr. Rana was suffering from Hepatitis which could lead to life threatening complications like cirrhosis of liver and liver malignancy. The Committee opined and advised Interferon Therapy for six months and the estimated cost of treatment of Rs.2 lacs was recommended. The matter was further referred 5 to G.B. Panth Hospital New Delhi. During the course of treatment at G.B. Panth Hospital New Delhi Dr. Rana died on September 21, 1995 due to abovesaid disease and certificate to this effect was issued by Professor Dr.S.K.Sarin. After the death of Dr. Rana, looking to the seriousness of the disease and fatal outcome, the Committee made following suggestions : (a) The medical and para medical staff (high risk group) should be compulsorily vaccinated against Hepatitis 'B', the vaccines to be provided free of cost by the Hospital, (b) Since Dr. Rana acquired the infection during the course of his professional duties as a Surgeon, his family should be given same benefits as are given to an Army/Police Officer killed in action.;