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
| Table of Content |
|---|
| 1. factual background regarding the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments presented by both parties. (Para 8 , 9 , 10 , 11 , 12) |
| 3. court observations on the investigations and treatment. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 4. analysis of the treatment and police negligence. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44) |
| 5. legal principles regarding medical negligence and the necessity of compensation. (Para 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53) |
| 6. court’s decision on compensation claims. (Para 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64) |
| 7. justification of compensation amounts and court orders. (Para 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74 , 75 , 76 , 77 , 78) |
| 8. final conclusions and orders issued by the court. (Para 79 , 80 , 81) |
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
Kishan Lal Vs. Dharmendra Bafna and another
Vinay Tyagi Vs. Irshad Ali alias Deepak and others
Nilabati Behera Vs. State of Orissa and Others
D.K.Basu Vs. State of West Bengal
DR Harish Kumar Khurana Vs. Joginder Singh and others
Jacob Mathew vs. State of Punjab and Anr.
Martin F.D’Souza vs. Mohd. Ishfaq
Arun Kumar Manglik Vs. Chirayu Health and Medicare Private Ltd. 2019 (7) SCC 401
AI
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.