The State and its medical facilities must ensure timely and adequate care; failure constitutes gross medical negligence resulting in liability for compensation.

JUDGMENT

S.G. Chattopadhyay, J. - This petition has been filed under Article 226 of the Constitution of India in public interest by a practicing advocate of this court who is also engaged in social services activities. Petitioner has sought to project in-action and negligence on the part of doctors and hospital administration which according to him, led to the unfortunate premature death of a young promising lawyer who was the sole source of financial and emotional support for his widowed mother. Prayers made in this PIL include those for conducting a detailed enquiry into the allegations of medical negligence, formation of a special investigation team for investigating into a complaint of commission of offence under section 304 Part II read with section 34 IPC and for payment of compensation of Rs. 50,00,000/- (Rupees Fifty Lakhs) to the mother of the deceased.

2. After the death was reported to police, an FIR was registered for commission of offence punishable under section 304 Part II IPC with the intervention of the Superintendent of Police, West Tripura, Agartala. The police had completed the investigation and submitted the charge sheet on 15.10.2020 for commission of offence punishable under section 304A read with section 34 IPC against those who were found responsible for the death of Bhaskar Debroy. The State Government also constituted a death audit team comprising of four faculty members of GBP & AGMC hospital headed by Dr. Sankar Debroy, Assistant Professor of Agartala Government Medical College (AGMC) who has submitted preliminary audit report dated 10.03.2020. The final report of the death audit team dated 12.03.2020 has also been submitted. This apart, the State Government had also set up a Magisterial enquiry which was conducted by the District Magistrate & Collector, West Tripura, Agartala. Report of the Magisterial enquiry was submitted on 24.08.2020. The terms of reference for the Magisterial enquiry were to find out circumstances into the cause of unnatural death of Bhaskar Debroy leading to his death and medical negligence, if any, during his treatment.

3. By filing I.A No. 01 of 2020, petitioner prayed for directions to pay interim compensation of a sum of Rs. 15,00,000/- (Rupees fifteen lakhs) to the mother of deceased Bhaskar Debroy pending further consideration of the public interest litigation. The I.A was decided by us by order dated 04.01.2021 directing State respondents No. 1 & 2 to pay compensation of a sum of Rs. 10,00,000/- (Rupees ten lakhs) to Smt. Kankana Debroy, mother of deceased Bhaskar Debroy.

4. The facts of the case, findings of the death audit team as well as those of the Magisterial enquiry were discussed in detail in the said interim order dated 04.01.2021 in I.A No. 01 of 2020 which are as under:

'[2] Briefly stated the facts are as under:

Bhaskar Debroy was an advocate. He joined the bar in the year 2015. His father had died when he was young. He was the only child of his widowed mother. At late night on 6th March, 2020 it appears that Bhaskar Debroy had accidental injuries while he was travelling on his motorcycle. The personnel of Fire Brigade department helped shift injured Bhaskar Debroy to AGMC & GBP Hospital late at night. By all accounts it appears that when the patient was brought to the hospital he was still conscious and coherent. While under treatment, his condition deteriorated and at around 3.20 a.m. on 7th March, 2020 he was declared dead.

[3] The public interest petition is filed by an individual claiming to be involved in social service in the locality. In the petition, he has sought to project the inaction and negligence on part of the doctors and hospital administration which according to him, led to the unfortunate pre-mature death of a young promising lawyer who was the sole source of financial and emotion support for the widowed mother. Prayers made in this PIL include those for conducting a detail inquiry into the allegations of medical negligence, formation of a spec