B.K. Sharma, J.

1. Heard Mr. P. Roy Barman, learned counsel for the petitioners as well Mr. A Ghosh, learned State Counsel. Thus writ petition has been filed by the wife and son of late Haridhan Ghosh, who died on 3.1.2000 while undergoing treatment in the hospital, namely GB Hospital, Agartala. According to the petitioners, the death of the deceased was because of the medical negligence on the part of the hospital authorities.

2. In paragraph 2 of the writ petition, it has been stated that the deceased Haridhan Ghosh had been suffering from Broncho Asthma and internal respiratory trouble. He was brought to GB hospital and admitted there at about 11.30 a.m. He was put on oxygen. Same was done after the wards' doctor visited the ward at around 11.15 a.m. It has been asserted that the patient was, not administered with any medicine and that even the oxygen cylinder was not functioning properly. It is the further assertion of the petitioners that because of such condition of the oxygen cylinder and non-administration of any medicine the condition of the deceased was deteriorating rapidly and he was suffering from serious uneasiness and other incidental troubles. The petitioner No. 2 enquired from the, attending nurses as to whether any medicine had been prescribed by the attending doctor or not, to which, her reply was in the negative.

3. In paragraph 3 of the writ petition, the petitioners have stated that the deceased died due to utter negligence and carelessness on the part of the staffs and doctors of GB hospital. According to the petitioners, the respondents failed to provide immediate care to the patient and also did not attend him though he was admitted in a very critical condition. It has been stated that although the attending nurse had told that no medicine had been prescribed at all but on checking the bed head ticket it was found that in fact medicine was prescribed about which, the petitioners were not made aware of.

4. With the above narration of fact, the petitioners have stated about lodging of complaint with the Director, Health Department, Government of Tripura and focusing of the incident in the local media. It has been stated that on the basis of the complaint lodged, the petitioner No. 2 was asked to appear before Director of Health, Government of Tripura and accordingly he appeared before the said Director on 24.1.2001. Upon such appearance, his statement was recorded. It is the case of the petitioners that since there was negligence on the part of the attending doctors and sister, they had been suspended from service. However, they were again reinstated without any enquiry in this regard.

5. It is in the aforesaid circumstances, the petitioners have filed this writ petition claiming compensation of Rs. 5,00,000/-.

6. The respondents have filed their counter affidavit denying the contentions raised in the writ petition. It has been stated that the deceased was admitted in the hospital on 3.1.2000 at about 11.30 a.m. having chronic obstructive pulmonary disease, Type-II respiratory failure with past history of I.H.D. The patient was examined by the attending doctors and oxygen inhalation was given to him for breathing. According to the respondents, the condition of the deceased was very precarious and at the time of bringing him to the hospital, he was in irreversible respiratory failure, hypoxic and cock stage. It has been asserted that in such a critical stage, very few patients could recover even in an advanced medical institution. Judging the situation, the attending doctors attended the deceased and prepared medical slip, bed head ticket etc.

7. As regards the plea of the petitioners that the particular medicine prescribed by the doctors was not allowed to be taken by the patients, it has been stated that even if the said medicine had been administered, the chances of survival of the patient was almost nil. It has further been stated even if the medicine prescribed by the doctors could have been adminis