Haripada Saha v. State of Tripura - 2002 Supreme(Online)(Gau) 2

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2002 Supreme(Online)(Gau) 2

GAUHATI HIGH COURT
MR. , J
Haripada Saha v. State of Tripura

Advocates:
For the Appellants/Petitioners: Mr. A.K. Bhowmick
For the Respondents: Mr. U.B. Saha

Table of Content
1. claim for compensation due to eye infections post-surgery. (Para 1 , 2)
2. arguments on state liability for medical negligence. (Para 3 , 4)
3. court's analysis of evidence and findings by expert committees. (Para 5 , 6 , 7 , 8 , 9)
4. assertion of rights under article 21 concerning health. (Para 10)
5. determination of compensation to address fundamental rights infringement. (Para 11 , 12)

1. In these two writ petitions under Art.226 of the Constitution, the petitioners have prayed for directions on the respondents to pay compensation for the damage caused to their eyes at the Dr. B.R. Ambedkar Memorial Hospital at Hapania, in West Tripura.

2. The relevant facts as stated in the writ petitions are that the two petitioners in Civil Rule No. 514 of 1996 were admitted in the hospital on 17.6.1996 and their left eyes were operated by the Medical Officers of the said hospital on 18.6.1996 and they were discharged from the said hospital on 21.6.1996. The petitioner No. 1 in Civil Rule No. 557 of 1996 was admitted in the hospital on 18.6.1996 and his left eye was operated on 19.6.1996 by the Medical Officer and he was discharged on 21.6.1996. The petitioner No. 2 in Civil Ru