ORDER :

Prayer: This Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents No.1 to pay a total compensation of Rs.25,00,000/- (Twenty Five Lakhs only) the petitioner.

This writ petition has been filed for the issue of writ of Mandamus directing the first respondent to pay compensation to the petitioner on the ground that the petitioner lost his wife due to the negligence on the part of the respondents.

2. The case of the petitioner is that his wife was admitted for delivery before the fourth respondent Primary Health Centre, on 25.06.2012 at 06.00 p.m. The petitioner's wife gave birth to a female child, on 26.06.2012, at about 04.24 a.m. After delivery, there was excessive bleeding suffered by the wife of the petitioner. The fourth respondent in spite of attending the wife of the petitioner and administering her with necessary drugs, found that the victim required a blood transfusion and hence, recommended for shifting the wife of the petitioner to Medical College, Asaripallam. There was no ambulance available in the Primary Health Centre and hence, the Staff Nurse had to call a 108 ambulance at about 05.15 a.m. Ultimately, the ambulance reached the Primary Health Centre at 05.45 a.m. The wife of the petitioner reached the Medical College, Asaripallam, at about 06.30 a.m. She was admitted and thereafter, she was declared as dead. The cause of death was attributed to 'postpartum haemorrhage'.

3. According to the petitioner, he lost his wife only due to the delay caused due to the non availability of the ambulance and by the time his wife reached the Medical College, the situation became very serious and she was declared dead. Therefore, the petitioner has approached this Court, seeking for compensation.

4. The third respondent has filed a counter affidavit and the relevant portions in the counter affidavit are extracted hereunder:

“4. I submit that the averments that after intimation about the excessive blood, there was no Medical help from the above said duty Doctor and Nurse are denied. It is clear that the 4th respondent and 5th respondent were with the petitioner's wife throughout in the Labour room and they noted the status of the patient after the delivery. I humbly submit that they have given the adequate treatment for the patient immediately after the delivery so as to control the bleeding. It is false to state that the patient was not allowed to shift over to the Asaripallam Medical College Hospital. As a matter of fact, the duty Doctor and Nurse have jointly planned to refer the patient to Kanniyakumari Medical College Hospital. Asaripallam and there after they have made a call to the Ambulance, i.e., 108 Ambulance over phone. In furtherance of their call, the 108 Ambulance came immediately. It is submitted that 108 Ambulance is not available in PRIMARY HEALTH CENTRE. The PRIMARY HEALTH CENTRE has only Hospital on Wheels Vehicle Van which functions only in day time by providing medical facilities to remote area people which is not an ambulance it only a mobile van which is used to travel to remote area by medical personnel which functions from 9.30 A.M. to 4.30 P.M.

5.I humbly submit that at the time of boarding the patient into the Ambulance, it was noted that she was stable. Further, while the petitioner's wife was alighted from Ambulance at Hospital, Asaripallam, it was reported that she was stable. Thereafter, she was admitted at Medical College Hospital, Asaripallam, where she was declared as dead. In connection with the death of the petitioner's wife, F.I.R. was registered in Crime No.332/2012 on the file of the Rajakamangalam Police Station, Kanniyakumari District by the petitioner.

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7. With reference to averments made in paragraphs 7 to 10 of the affidavit. I humbly submit that according to abstracts made in the book written by Dutta, it is no doubt that 4 to 6 % cases can have Postpartum Haemorrhage. The common cause for the maternal death af