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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. Chandrasekharan, J.
Muthulakshmi - Petitioner
Versus
The Secretary to the Government of Tamil Nadu, Home Department, Secretariat, Chennai & Others – Respondents
W.P. Nos. 32765 & 32766 of 2014 & W.M.P. No. 11454 of 2017
Decided On : 20-07-2022
The Court directed further investigation by an independent agency regarding the suspicious death of the petitioner's husband, who died as an orphan after meeting with an accident and being admitted to the Coimbatore Government Medical College Hospital, where he was not provided with the best treatment and no opportunity was given to the petitioner to provide better treatment in a private hospital. The Court also awarded exemplary compensation of Rs.25,00,000/- to the petitioner, her three children and the aged father-in-law and mother-in-law, who all have been deprived of their means to livelihood and the care and comfort of the petitioner's husband N.Arumugam, son of Natarayan, who died on 13.11.2014 after having met with an accident on 31.10.2014.
Fact of the Case:
The petitioner's husband N.Arumugam left to his parents home on 31.10.2014 at about 06.00 p.m., deceased N.Arumugam suffered a fracture in ribs that was not reflected in the treatment record. Therefore, these Writ Petitions have been filed for the aforesaid relief.
Finding of the Court:
The Court found that there was a total lack of proper policing by the Police Officials working in Kudimangalam Police Station. The Court also found that the doubt raised by the learned counsel appearing for the petitioner as to the reasons for sustaining injuries by the deceased N.Arumugam was serious and that there was a possibility that Aaran had mostly contributed and was responsible for the accident.
Issues: Whether further investigation by an independent agency regarding the suspicious death of the petitioner's husband is required? Whether the petitioner is entitled for exemplary compensation of Rs.25,00,000/-?
Ratio Decidendi: The Court held that there was a possibility that surgical treatment would have saved his life. The Doctors attending him mechanically recorded the findings. These findings do not correlate with the physical condition of the deceased N.Arumugam. If the claim of the eighth respondent in the counter-affidavit that though it was recorded in the medical record that the deceased N.Arumugam was conscious, in reality he was not in a position to communicate is taken as true, then it goes without saying that the entries made in the medical record with regard to the condition of the deceased N.Arumugam is not correct. If the entries made in the medical record that the deceased N.Arumugam was conscious is taken as true, then the question arises as to why the Hospital authorities had not taken any steps to establish his identity and also failed to take note of his name, address and other details. In either case, the negligence on the part of the Hospital authorities is apparent on the face of it.
Final Decision: The Court directed further investigation by an independent agency regarding the suspicious death of the petitioner's husband and awarded exemplary compensation of Rs.25,00,000/- to the petitioner, her three children and the aged father-in-law and mother-in-law.
JUDGMENT :
(Prayer in W.P.No.32765 of 2014: Writ Petition is filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to pay an exemplary compensation of Rs.25,00,000/- to the petitioner, her three children and the aged father-in-law and mother-in-law, who all have been deprived of their means to livelihood and the care and comfort of the petitioner-s husband N.Arumugam, son of Natarayan, who died on 13.11.2014 after having met with an accident on 31.10.2014 and having been admitted in the Coimbatore Medical College Hospital by the sixth respondent and the same having been concealed to the petitioner and her family members till his death, which is an act of gross criminal negligence committed by the officers of the State more particularly the officers of the sixth respondent putting both the dead person as well as the petitioner-s family members to untold mental agony.
Prayer in W.P.No.32766 of 2014: Writ Petition is filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing further investigation by an independent agency regarding the suspicious death of the petitioner-s husband N.Arumugam alleged to have succumbed to an accident that happened on 31.10.2014 within the territorial limits of the sixth respondent and the same having been concealed from everyone without even registering of a First Information Report (FIR), till the death of the said N.Arumugam on 13.11.2014, including the seventh respondent, Inspector of Police, Keeranur, in Dindigul District who have already registered a FIR in Crime No.182 of 2014 on 05.11.2014 itself for man-missing and to take necessary action against the accused.)
1. W.P.No.32766 of 2014 is filed seeking for issuance of a Writ of Mandamus, directing further investigation by an independent agency regarding the suspicious death of the petitioner-s husband N.Arumugam alleged to have succumbed to an accident that happened on 31.10.2014 within the territorial limits of the sixth respondent and the same having been concealed from everyone without even registering a First Information Report (FIR), till the death of the said N.Arumugam on 13.11.2014, including the seventh respondent, Inspector of Police, Keeranur, in Dindigul District who have already registered a FIR in Crime No.182 of 2014 on 05.11.2014 itself for man-missing and to take necessary action against the accused.
2. W.P.No.32765 of 2014 is filed seeking for issuance of a Writ of Mandamus, directing the respondents to pay an exemplary compensation of Rs.25,00,000/- to the petitioner, her three children and the aged father-in-law and mother-in-law, who all have been deprived of their means to livelihood and the care and comfort of the petitioner-s husband N.Arumugam, son of Natarayan, who died on 13.11.2014 after having met with an accident on 31.10.2014 and having been admitted in the Coimbatore Government Medical College Hospital by the sixth respondent and the same having been concealed to the petitioner and her family members till his death, which is an act of gross criminal negligence committed by the officers of the State more particularly the officers of the sixth respondent putting both the dead person as well as the petitioner-s family members to untold mental agony.
3. It is an unfortunate case of N.Arumugam, who has a wife and children, dying as an orphan. The deceased N.Arumugam and his wife, namely, the petitioner Muthulakshmi were living in Kokkarakalvalasu in Dindigul District. They have three children viz., Sumathi, aged 17 years, Jeeva, aged 15 years and Satheesh Kumar, aged 12 years. Deceased N.Arumugam-s native Village is J.Krishnapuram in Tiruppur District.
4. On 31.10.2014 at about 06.00 p.m., deceased N.Arumugam left to his native Village in J.Krishnapuram with a gunny bag full of Onion and Tomato for his parents in his motorbike
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