Thiruvarur Hospital Can Recover ₹5 Lakh Compensation Amount From Doctors, Officials In Medical Negligence Case: Madras High Court

When the Public Officials have committed an act of negligence, lapses or dereliction of duty, the financial loss caused to the State Exchequer are to be recovered from such Public Servants, who all are responsible and accountable for the financial losses.

Justice SM Subramaniam was hearing a civil revision petition filed by the Dean of the Government Medical College Hospital, Thiruvarur and District Collector, Thiruvarur to set aside the attachment order passed by the Sub Court attaching the movables in the office of the revision petitioner.

A woman in 2015 instituted a suit against the hospital claiming compensation for medical negligence after an erroneous surgery left her totally blind. Since she was able to prove negligence, the Sub Court Thiruvarur a granted her a sum of Rs 5 lakh as compensation with a direction to the hospital  to pay the compensation amount within a period of three months.

Thereafter, she initiated an execution petition. After five years, the Execution Court passed an order in September 2022 attaching the movables in the Office of the revision petitioners. The order was challenged before the high court.

The main contention of the revision petitioners was that the order of attachment will cause inconvenience to the public institution.

The court said the victim cannot be made to run pillar to post for realisation of the compensation amount, which was granted by the trial court in the year 2016 itself. It added that if at all the revision petitioners are of the opinion that they have got a better case, they should have initiated appropriate steps within a reasonable period of time.

"Now after a lapse of about six years from the date of decree, if a lenient view is taken by this Court, then the same will result in an injustice to the medical victim, who lost both her eyes and became blind totally on account of the surgery conducted in the Government Medical College Hospital at Thiruvarur."

Observing that when public officials commit an act of negligence, lapses or dereliction of duty, the financial loss caused to the State Exchequer is to be recovered from such public servants. 

"In the present case, the State has to pay the compensation amount and thereafter recover the same amount from the Doctors and the Officials, who have committed an act of medical negligence, administrative lapses or dereliction of duty. The financial loss to the public is to be recovered proportionately by fixing the responsibility amongst all the officials, who have committed an act of administrative lapses, negligence and dereliction of duty. In this regard, the revision petitioners are bound to conduct an enquiry and initiate all appropriate action following the Service Rules, which all are applicable."

While the court did not find any reasons to interfere with the order of attachment, to protect decorum of the Public Office and not to cause any inconvenience to the public, the court ordered the revision petitioners to deposit the decree amount of Rs 5 Lakhs with the Execution Court on or before January 10, 2023.

"... on such deposit, the Execution Court can disburse the said compensation decree amount to the respondent-plaintiff on or before 30.01.2023. In the event of failure on the part of the revision petitioners to deposit the decree amount to the respondent on or before 10.01.2023, the Execution Court shall proceed for attachment of the properties as per the order dated 29.09.2022. The order of attachment dated 29.09.2022 is kept in abeyance till 10.01.2023," it added.

Case Title: The Dean, Government Medical College Hospital and another v. Vijayalakshmi

Citation: 2022 LiveLaw (Mad) 520

Case No: CRP SR No.146353 of 2022