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2016 Supreme(Cal) 825

DIPANKAR DATTA
Byom Mondal – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
For the Petitioner:Indrajit Roy Chowdhury and Amrito Gourav Kar, Advocates.
For the Respondents:Abhrotosh Majumder, Ashim Ganguly and Bellal Shaikh, Advocates.

JUDGMENT

Dipankar Datta, J.

The pleaded case in the writ petition reveals this. While the petitioner was returning with his wife on 8th November, 2015 to his residence at village Dakshin Belegachhi within Baruipur Police Station from Gopalpur within Sonarpur Police Station, his wife met a road accident. A three-wheeled engine van/motor van driven by an errant and reckless driver, hit the petitioner's wife resulting in her sustaining grievous injury. Since the petitioner's wife required immediate medical care and assistance, he rushed her to a nearby orthopaedic surgeon who prescribed a surgical operation. The petitioner thereafter ran from one Government hospital to the other, but failed to admit his wife owing to dearth of beds. Finding no other alternative, the petitioner obtained a loan returnable with high rate of interest from a private money lender and admitted his wife in a private nursing home on 12th November, 2015. The surgical operation was conducted on 13th November, 2015 where after the petitioner's wife was discharged on 16th November, 2015. Presently the petitioner's wife is completely bed-ridden and there is little possibility of her full recovery and restoration of n











































































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