Maharashtra Government Ordered to Pay ₹10 Lakh Compensation to Family of Undertrial Who Died Due to Lack of Medical Treatment
The Bombay High Court recently ordered the Maharashtra government to pay a compensation of ₹10 lakh to the family of an undertrial prisoner, who died after being denied proper medical treatment by the jail authorities. The deceased was a young man of only 32 years of age, and the Court noted that his wife, children, and parents were dependent on him. The Court highlighted that providing proper medical treatment and facilities to prisoners is the duty of the State government and that the right to health of a prisoner who is deprived of his personal liberty cannot be ignored.
The deceased, Pratap Kute, died while in judicial custody on February 27, 2012. In the plea filed by the family, they alleged that he was already suffering from spondylosis and severe pain and had even filed an application before the Magistrate on February 7, 2012. He was admitted to the hospital in Beed only after his health condition deteriorated. The hospital at Beed referred him to the Government Medical College, Aurangabad.
However, the State claimed that the deceased was HIV positive and was also suffering from tuberculosis. The bench noted that from February 7 till February 23, the day he was admitted to the hospital in Beed, he was not afforded any medical treatment except for some blood tests. The reports of such tests were also received only after his death.
The Court held that there had been total negligence and lapse on the part of the jail authorities in providing adequate, effective, and proper medical treatment and on the part of the police guard on duty who declined to shift the deceased to Government Medical College, Aurangabad which has resulted in his death. Therefore, his parents, widow, and children have been deprived of love and affection of their loved one due to his untimely death caused due to negligence of the jail authority and the police guard.
The Court ordered the Maharashtra government to pay a compensation of ₹10 lakh to the family of the deceased. Though the compensation cannot bring back the human life in true sense, the Court awarded it to the family as they were entitled to it.
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