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2022 Supreme(Mad) 817

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

Advocates Appeared:
For the Petitioner:M. Purushothaman, Advocate.
For the Respondents:R1, R3, R5 & R8, P. Kumaresan, Additional Advocate General, R2, R4, R6 & R7, Pratap, Government Advocate.

Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Claim for exemplary compensation of Rs.25,00,000/- for gross criminal negligence by state officers leading to death - Petitioner alleges concealment of treatment and hence mental agony to family - Court notes lack of police diligence in registering a timely FIR and the hospital's failure to identify the deceased, resulting in loss of opportunity for proper treatment. (Paras 15, 63, 80)

(B) Medical Negligence - The duty of care owed by medical professionals includes identifying patients and providing appropriate treatment - Court emphasizes the fundamental right to competent medical treatment under Article 21. (Paras 41, 62, 70)

(C) Police Investigation Failures - The investigation by police was marked by neglect, leading to the deceased's identity being unresolved until his death - Court held that serious lapses of duty were evident. (Paras 30, 63)

Findings of Court:
The negligence of police and hospital staff led to the deceased dying without proper identification, thereby violating fundamental rights of family members.

Issues: Whether further investigation is necessary and whether the petitioner is entitled to exemplary compensation.

Ratio Decidendi: Lack of immediate identification led to the deceased's treatment being compromised, justifying the claim for compensation due to state negligence.

Result: Writ petitions allowed with a total compensation of Rs.15,00,000/- awarded.

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

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