Point of Law : Under the public law remedy as a palliative measure, Court may award appropriate compensation and that the compensation awarded will be in addition to the claim for damages or compensation under the private law remedy.

JUDGMENT :

NELSON SAILO, J.

1. Heard C. Tlanthianghlima, learned counsel for the petitioner and Mrs. Linda L. Fambawl, learned Govt. Advocate for all the respondents.

2. The petitioner has filed the instant Writ Petition praying for the following relief:

“In the premises it is most humbly prayed that your Lordships may graciously be pleased to admit this petition, call for the records and issue rule calling upon the Respondents to show cause as to why they should not be directed to pay monetary compensation to the Petitioner as they are vicariously liable for the medical negligence act of the attending doctor & staffs of District Hospital Serchhip leading to the death of the Petitioner’s wife and his new born son as can be seen from Magisterial Enquiry Report dt.13/1/2022 and Departmental Enquiry Report dt.24/3/2022 and to pass any other order(s) as your Lordships may deem fit and proper.”

3. Brief facts of the case as projected by the petitioner is that the petitioner and the deceased Smt. Malsawmkimi were married on 31.10.2008 and out of their wedlock, a daughter and a son were born on 10.06.2009 and 09.04.2015 respectively.

Their daughter is however no more. Smt. Malsawmkimi before her marriage to the petitioner had one son who was born on 24.01.2004. After her marriage with the petitioner and after having two children, she became pregnant again and registered herself at Tlangpui Health Sub-Centre in Khawzawl district on 26.05.2021. She visited the Sub-Centre three times viz. 26.05.2021, 13.08.2021 and 08.11.2021 and according to the records entered, the Expected Date of Delivery (EDD) was 22.12.2021.

4. Smt. Malsawmkimi thereafter on 01.12.2021, went to the OPD in the District Hospital, Serchhip and around 10:50 AM, she was attended by Dr. Laltharzeli Fanai, a Gynecologist who did Ultra sound Sonography Test (USG) on her. According to the report of the USG, the EDD was 02.12.2021. The doctor therefore asked her to come again the next day i.e. 02.12.2021 and get heself admitted. She accordingly got herself admitted the next day and to induce labor, Cervi Prime Gel was applied on her. According to the Doctor, both the mother and the baby were found to be normal. However, as Smt. Malsawmkimi could not deliver the baby on 02.12.2022, Cervi Prime Gel was applied again the next day i.e. 03.12.2021. Ultimately on 03.12.2021, she delivered a baby boy at 8:30 PM weighing about 3.8 kilograms. The delivery was done by the nurse on duty but the baby did not show any signs of life. Smt. Malsawmkimi was accordingly informed about the status of the baby and later on at about 8:55 PM, she herself having developed some complication, the nurse on duty informed the Gynecologist. The Gynecologist came around 9:20 PM and she informed the District Medical Superintendent about the condition of Smt. Malsawmkimi. At 10:40 PM, Smt. Malsawmkimi was declared dead. As per the Cause Report, death was said to be caused due to Post Partum Hemorrhage (excessive bleeding).

5. According to the petitioner, about one (1) month before the death of his baby and his wife, there was another incident in the District Hospital wherein, a baby boy born to one Smt. Vanlaldinpuii was too declared dead at the time of birth. Because of the said incidents, there was public outcry and the State Government in the Health & Family Welfare Department through its Secretary (respondent No. 2) vide order dated 09.12.2021 (Annexure-9), ordered a magisterial enquiry to be conducted by the District Magistrate, Serchhip to enquire into the facts and circumstances leading to the death of three persons and to submit a report within 30 days. The terms of references is abstracted as under:-

“(I) To look into the sequences of events between admission to the hospital and death of those 3(three) patients.

(II) To bring out the role of those involved in the incidents including Nurses and Female At