Indian Court Orders State to Pay $22,000 Compensation to Family of Man Killed in Hospital Assault
A recent court ruling has held the state responsible for the death of a man who was killed by another inmate at a mental hospital in India.
- The court observed that there was "gross negligence and failure of duty to take care" on the part of the hospital authorities.
- A division bench of Justices Manish M. Pitale and Shreeram V. Shirsat passed the order while hearing a petition filed by the deceased man's widow.
The Incident
The deceased, a real estate businessman suffering from schizophrenia, was admitted to Yerawada Mental Hospital on November 19, 2013, after being initially treated at another hospital in Pune.
- Two days later, on November 21, 2013, hospital authorities informed his wife that he had been killed by another inmate the previous night.
- A duty attendant reportedly found the accused patient violently assaulting him, resulting in severe injuries and a cause of death attributed to head injuries and throttling.
Court's Observations
The High Court observed that the deceased was under the care and custody of the state and held that the government was "clearly responsible for the violation of fundamental rights of the deceased and the rights of the petitioners."
- The bench also examined staffing levels at the hospital and noted that only three attendants were on duty for 77 patients in the observation ward on the night of the incident.
- This, the court said, "demonstrates the grossly negligent manner in which the state authorities were managing the affairs of the said mental hospital."
Compensation
While calculating compensation, the court considered the widow's loss of dependency and the loss of spousal and parental consortium.
- The bench also noted that one of her sons suffers from 90 per cent mental disability and is unlikely to recover sufficiently to support himself.
- The court directed the Maharashtra government to pay Rs 22 lakh to the petitioners within eight weeks.
The court further ruled that the Rs 1 lakh ex gratia payment already made to the widow would not be adjusted against the compensation amount.
Conclusion
The court's ruling is a significant step towards holding the state accountable for its failure to provide adequate care and protection to patients in mental hospitals.
Key Points:- State held responsible for death of man killed by another inmate in mental hospital.
- Court observes "gross negligence and failure of duty to take care" on part of hospital authorities.
- Compensation of Rs 22 lakh awarded to petitioners within eight weeks.