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COVID Death Allegedly Due To Hospital's Inaction: "Case Involves Disputed Facts, Article 226 Not Appropriate Remedy For Compensation": Allahabad HC
Sparsh Upadhyay
16 Jun 2021 7:41 PM IST
The Allahabad High Court on Wednesday dismissed a plea seeking compensation for the loss of life of Petitioner's father who had contracted COVID-19 and died allegedly because he did not get the proper and timely treatment The petitioner alleged that due to the inaction, negligence, and indifference of the functionaries at the District Combined Hospital, Ghaziabad, his father died.Taking up...
The Allahabad High Court on Wednesday dismissed a plea seeking compensation for the loss of life of Petitioner's father who had contracted COVID-19 and died allegedly because he did not get the proper and timely treatment
The petitioner alleged that due to the inaction, negligence, and indifference of the functionaries at the District Combined Hospital, Ghaziabad, his father died.
Taking up the plea, the Bench of Justice Surya Prakash Kesarwani and Justice Yogendra Kumar Srivastava observed:
"The relief sought by the petitioner is for compensation which may involve highly disputed questions of fact and the allegation to be proved by leading evidences. For this purpose, writ petition under Article 226 of the Constitution of India is not the appropriate remedy."
The writ petition had been filed praying for the following reliefs :
- Issue a writ, order or direction in the nature of mandamus directing the respondent(s) to appropriately compensate the petitioner for the loss of life of his father who had contracted COVID-19 and died because he did not get the proper and timely treatment due to the inaction, negligence and indifference of the functionaries at the District Combined Hospital, Ghaziabad (a state-run hospital).
- Issue a writ, order or direction in the nature of mandamus directing the respondents(s) to launch a proper inquiry into the lapses on the part of the functionaries at the District Combined Hospital, Ghaziabad on the fateful day which led to the death of the petitioner's father and appropriately punish those responsible under the relevant legal provisions.
While dismissing the petitioner, the Court ruled that it was open to the petitioner to avail such other remedy as may be available to him under law.
"The issues are genuine and we will attend to it. Give me some time and we will sort it out. Let us file a Reply", said Solicitor General of India Mr.Tushar Mehta
Hearing two different pleas seeking compensation to kith and kin of people who have died due to COVID (including the Advocates), the Madras High Court observed that the Court cannot issue a mandamus directing all COVID victims to be compensated, irrespective of the financial position that the families may be in.
Regarding the plea seeking compensation for dependents or heirs of deceased advocates, particularly those who were victims of Covid, the Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy said:
"It is a matter of policy for the State to decide whether to give compensation to a class of persons to and to what extent. There is no doubt divers classes of people will be seeking compensation and it is a matter within the exclusive domain of the State. The Court cannot pick and choose advocates for preferential treatment because most functionaries in this field are advocates."
Case title - Kulabhushan Tyagi V. State Of U.P. And 3 Others
Read Order
