Gross Negligence by State Authorities Leads to Violent Death; Compensation Includes Provision for Disabled Child
In a landmark judgment, the Bombay High Court has ordered the State of Maharashtra to pay Rs. 22,00,000 as compensation to the family of a deceased patient who died in a state-run mental hospital due to gross negligence by the authorities. The judgment was delivered by Justices Manish Pitale and Shreeram V. Shirsat, who found that the failure of the Yerwada Mental Hospital to segregate violent patients and provide adequate staffing led to the tragic death of Smt. Noorjan Samshuddin Bhanvadiya's husband.
The deceased, a real estate agent suffering from schizophrenia, was admitted to the Yerwada Mental Hospital for treatment, where he was violently attacked by another patient, Deepak Suravase. The attack resulted in fatal injuries, with the postmortem report confirming head injuries and throttling as the cause of death. The court highlighted the inadequate staff ratio, with only three attendants responsible for 72 patients during the night of the incident, violating the prescribed norms under the State Mental Health Rules, 1990.
The court ruled that the incident constituted a violation of Article 21 of the Constitution, which guarantees the right to life and personal liberty. As a public law remedy, the court awarded compensation, including Rs. 5,00,000 specifically for the needs of the petitioner's disabled child, who suffers from 90% mental retardation.
The judgment emphasized the State's responsibility to ensure the safety of patients in its care, noting the gross negligence evident from the failure to segregate violent patients and inadequate staffing. The court rejected the State's reliance on existing compensation schemes under Section 357A of the Criminal Procedure Code, finding them insufficient given the circumstances of the case.
The compensation was calculated using principles from motor accident claim cases, considering factors such as loss of dependency, spousal consortium, and future prospects. The court expressed appreciation for the assistance provided by the amicus curiae, Mr. Mayur Khandeparkar, in arriving at a logical determination of the compensation amount.
Bottom Line:
Compensation for custodial death in state-run mental hospital due to gross negligence - Court held that the State's failure to provide adequate care and safety led to the violent death of the petitioner's husband. Compensation of Rs. 22,00,000 awarded, including Rs. 5,00,000 for petitioner's disabled child.
Statutory provision(s): Article 21 of the Constitution of India, Section 357A of the Criminal Procedure Code, 1973, State Mental Health Rules, 1990 Rule 22.
