Madras High Court Directs State To Pay ₹1 Lakh Compensation To Family Of Man Missing Since Hospital Admission For COVID-19 In 2020

The Madras High Court on Monday directed the Tamil Nadu government to pay Rs one lakh compensation to the family of a 74-year-old man who has not been found since being taken to a government hospital in June 2020 for COVID-19 treatment.

The division bench of Justice PN Prakash and Justice Anand Venkatesh directed the police to take effective steps to find the whereabouts of the missing person and continue with its investigation in the matter.

"Taking into consideration the overall fact situation, we do not want to be too harsh on the State Government and instead, on humanitarian ground, we direct the State to pay a sum of Rs.1,00,000/- [Rupees One Lakh only] as compensation to the family of Adikesavan within a period of four weeks from the date of receipt of the copy of this order," said the court.

Adikesavan had tested positive for coronavirus on June 10 in 2020 and next day was taken to Ekkattuthangal Urban Primary Health Centre by an ambulance belonging to the Chennai Corporation. He was then referred to Government Medical College, Kilpauk and thereafter to Rajiv Gandhi Government General Hospital. 

Since Adikesavan did not carry a mobile phone, his family could not trace his whereabouts even after enquiring with the testing centre. The petitioner went to St. Thomas Mount police station but the police failed to register a 'man-missing' case. Later, an online complaint was raised based on which the FIR came to be registered. 

During the course of the hearing, a video clipping was produced before the court which showed Adikesavan walking out of the gates of Rajiv Gandhi Government General Hospital. Status reports were also filed regarding the efforts being taken by the State to trace Adikesavan. 

The court said Tamil Nadu government and Greater Chennai Corporation had done their best to fight the COVID war and no single officer could be blamed for the lapse

At the same time, the court agreed with the submission of the family that had the police registered the FIR in the first instance itself, police would have been able to trace Adikesavan.

"... it would have been in the fitness of things, if the Inspector of Police, S1, St.Thomas Mount Police Station, had registered a regular First Information Report of 'man-missing' when the complaint was given to him on 17.06.2020 itself. Instead, the family was made to run from pillar to post and ultimately, after great persuasion, the First Information Report in Crime No.458 of 2020 was registered by the Inspector of Police, G3 Kilpauk Police Station, only on 23.06.2020," said the court. 

Case Title: Thulasidass Adikesavan v. Inspector of Police and others

Citation: 2022 LiveLaw (Mad) 514

Case No: H.C.P.No.1149 of 2020