Honble SHARMA, J.–The question for consideration in the instant writ petition relates to the quantum of compensation to be paid to the husband of the deceased housewife, whose death is attributed to medical negligence.

(2). Contextual fact depict that the petitioner got his pregnant wife Kanno @ Kanta Devi admitted in the Govt. Hospital Sawai Madhopur who gave birth to twins but excessive bleeding after delivery could not be controlled on account of negligence of the doctors and she died. The Director Medical and Health Services Govt. of Rajasthan, Jaipur directed the Deputy Director Medical and Health Services Jaipur to conduct inquiry in the matter. The Deputy Director after recording the statement of doctors, nurses and the other staff deputed in the Hospital opined in the report that the wife of the petitioner died on account of negligence of Dr. P.C. Jain and Dr. Pushpa Gupta, who after repeated requests did not attend the patient. The operative part of the report reads as under:-

Jherh dkUrk ds ifr }kjk Mk- ih- lh- tSu dks ckj ckj vkxzg djus ds ipkr~ ij fd ,d ckj mudh iRuh dks ns[k fy;k tkosaA Mk- ih-lh- tSu }kjk rqjUr dk;Zokgh fd;k tkuk izrhr ugha gksrk gSA tkap esa ;g Hkh ik;k x;k fd Mk- iq"ik xqIrk us Hkh e`rd ds ifr ds }kjk ckj ckj dgsa tkus ds mijkUr Hkh mldh foLr`r ns[kHkky ugha dhA kq: esa ,d nks ckj e`rd ds ifr ds dgus ij os ejhtksa ds ikl xbZ rks ij ,slk yxrk gS fd mldh ;qVjl] ch-ih- ,.M CyhfMax vkfn ij foks"k xkSj ugha fd;k x;k tcfd fVfou fMysojh Twin delivery gksus rFkk ejht ds ,susfed gksus ds dkj.k fczLd fVªVesaV Brisk treatment dh rqjUr vko;drk FkhA

tkap ds mijkUr ftyk/khk egksn; ls lEidZ dj muls lkjh fLFkfr dk;Zokgh ls voxr djk;k x;kA Jherh voEek o lkslEek Fkksel nksuksa LVkQ ulksZ ds LFkkukUrj.k ckgj djus dh ,oa Mk- i"qik xqIrk o Mk- ih- lh- tSu nksuksa dks fczDl VkbZeyh vVsZku Brisk timely attention u nsus ds dkj.k ysVj vkQ fMlIystj Letter of displeasure nsus gsrq gekjs lkFk lkFk ftyk/khk egksn; us viuh lgefr izdV dhA izkFkfed tkap izfrosnu izLrqr gSA

On the FIR submitted by the petitioner, the police gave final report. The Chief Judicial Magistrate Sawai Madhopur vide its order dated August 8, 1984 held that for taking cognizance against Dr. P.C. Jain and Dr. Pushpa Gupta prior sanction under Section 197 of the State Government was necessary therefore necessary sanction was sought but the State Government vide its communication dated Feb. 22, 1986 refused to grant sanction for prosecution of Dr. Prem Chand Jain and Dr. Pushpa Gupta. Against the communication dated Feb. 22, 1986 the petitioner filed a writ petition before this Honble Court. The said writ petition was registered as D.B. Civil Writ Petition No. 418/1987. The Division Bench of this Court vide its judgment dated October 12, 1990 allowed the writ petition and directed the State Government to pass fresh speaking order after hearing both the parties. The State Government vide a detailed speaking order dated November 14, 1991 refused to grant sanction for prosecution of the aforesaid doctors. On January 22, 1992, after passing of the orders by the State Government, the petitioner through his advocate sent a notice by registered post to reconsider the matter. Thereafter instant writ petition has been filed by the petitioner (husband of deceased Kanno) for awarding compensation and prosecution of the doctors.

(3). The respondents 1 and 2 filed a reply to the writ petition. In regard to the report of Director Medical and Health Services it has been averred that death was not caused by the negligence of the doctors. The allegation of the petitioner that the respondents 3 and 4 prevailed upon the high officials of respondent No. 1 was denied and it has been stated that the matter of sanction for prosecution was processed from the lowest to the highest level and after considering all the relevant record, the State Government decided not to accord sanction for prosecution. The delivery of children was quite normal and the patent and the children had respond

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