ELIPE DHARMA RAO, J.

( 1 ) MARRI Yadamma, widow of the deceased Janardhan Reddy, and her two minor daughters, filed this writ petition for issuance of writ of Mandamus to direct the respondents to pay monetary compensation of Rs. 2. 00 lakhs for the untimely death of her husband as a result of constitutional tort committed by the respondents in not providing accurate medical treatment to save the life which resulted in negligent death of her husband.

( 2 ) CONSEQUENT upon Rule Nisi issued by this Court, Sri Chintakayala Ramakrishna Rao, Superintendent of Jails, Central Prison, Secunderabad and Dr. M. Meher Prasad, who treated the deceased during the period of confinement in jail filed counter-affidavits.

( 3 ) THE facts in nutshell are that late Janardhan Reddy was arrested by the Ibrahimpatnam Police on the complaint that he committed theft along with some other persons and was produced before the Judicial Magistrate of First Class, Ibrahim-patnam, on 10-7-1994 who remanded him in Crime Nos. 76 of 1993 and 116 of 1993 of Manchal and Ibrahimpatnam Police Stations respectively and since then the deceased was in judicial custody as under-trial prisoner No. 2799. It is further stated that surprisingly on 30-1-1995, a telegram message was received by the first petitioner from the 4th respondent - Superintendent, Central Prison, Secunderabad, to the effect that the deceased expired in Gandhi Hospital, Secunderabad, on 30-1-1995. On receipt of the said message, the petitioners with other relatives rushed to Gandhi Hospital, on 31-1-1995 on production of the letter dated 31-1-1995 addressed by the 4th respondent to the Superntendent of Gandhi Hospital, the Superintendent of Gandhi Hospital, conducted autopsy over the dead body of the deceased and handed over the corpose to Mahdava Reddy, one of the relatives of the first petitioner. It is further averred that the deceased was hale and healthy at the time of arrest by the police Ibrahimpatnam, but they came to know on enquiry that the deceased complained of severe abdomen pain and he was admitted in the Jail Hospital on 25-1-1995 and again he was shifted to Gandhi Hospital on 29-1-1995 and on 30-1-1995 strangely died in the early hours on the same day. It is further averred that at the time of his untimely death, he was 28 years of age and the death is caused due to negligence on the part of the Jail Authorities and the Jail Doctor as well, due to improper diagnose of abdomen pain. The deceased was the only earning member of the petitioners family. In view of the untimely death of the deceased, the petitioners 1 to 3 have become orphans and there are no other persons to look after them. As such they have lost the estate, consortium and love and affection. It is further averred that the attitude of the Jail Authorities is incomprehensible and irrational inasmuch as since 29-1-1995, the deceased s condition was deteriorating and the Jail Hospital authorities did not care to properly diagnosed the abdominal pain and also did not give proper treatment and in the last moments, they shifted the deceased to Gandhi Hospital on 29-1-1995 and the deceased died on 30-1-1995 due to negligence in providing medical care at the Jail Hospital. It is further stated that at the time of his arrest, the deceased was employed as tractor driver besides he was an agricultural labourer and was earning Rs. 1,500/- per month. Therefore, the respondents are liable to pay compensation of Rs. 2. 00 lakhs for their tortuous act which tantamount to violating right to life guaranteed under Article 21 of the Constitution of India, though he is a prisoner.

( 4 ) AS stated earlier, the Respondent No. 4 filed counter stating that the deceased complained stomach pain on 29-1-1995 and immediately on the advise of the Jail Doctor, he was sent to Gandhi Hospital where he was admitted as inpatient and in the early hours of 30-1-1995, the hospital authorities have informed them that the deceased-prisoner expired, that intimat

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