Back
DEVASHIS BARUAH
Nurjahan Sultana W/o Salim Ali – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. S.K. Chakma, the learned counsel appearing on behalf of the petitioner. Mr. B. Gogoi, the learned counsel appears on behalf of the Health and Family Welfare Department of Assam.
2. The petitioner who is a minor presently is represented by her grandmother. In the instant writ petition, certain directions have been sought for which are as follows:
(ii) To issue direction for making provisions of the nutritional requirements of the petitioner free of cost by the respondent No. 1 at least for the next two years in accordance to the dietary plan and charted out.
(iii) To issue direction for payment of compensation of an amount of Rs.2,00,000/- to the petitioner and her family for the maternal death of the petitioner's mother and the failure of the State Public Health System to protect her and the trauma caused to the petitioner and her family.
3. It is relevant to take note of that the first two directions so sought for have already become infructuous takin
No negligence established; compensation denied for maternal death.
The main legal point established in the judgment is that even in the absence of medical negligence, compensation can be awarded for mishandling of human body parts during autopsy.
The right to health is integral to the right to life under Article 21, necessitating timely and adequate medical care, which was grossly violated in the case of the deceased, leading to her avoidable....
The court ruled that the evidence did not support claims of negligence in medical treatment leading to the petitioner's daughter's death.
The main legal point established in the judgment is the distinction between negligence in medical procedures and negligence in providing post-procedure care, leading to the award of compensation.
Absence of doctor in government Primary Health Centre during labour, coupled with nurses leaving patient unattended before delayed referral, constitutes institutional negligence violating right to li....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
