When a patient is admitted in a government
hospital for treatment and he/she suffers any injury or
death which is not anticipated to occur in the normal
course of events, even in the absence of medical
negligence, the government is obliged to disburse exgratia
to the affected party. In the case on hand,
liability has to be fastened on the government. Since
the institution happens to be the Government institution,
the Government of Tamil Nadu will have to necessarily
take consequence. My attention is drawn to G.O(Ms)No.395
dated 04.09.2018 whereby a corpus fund has been created
by the Tamil Nadu Government. It appears that every
Government doctor contributes certain sum of money
towards this corpus fund and whenever compensation is
directed to be paid by the courts, amount will be drawn
from this fund and paid. Considering the overall
circumstances, I am of the view that the petitioner
deserves to be paid a sum of Rs.5.00 lakhs as
compensation. The said amount shall be paid by the
department/Government from the said fund. Such payment
will be made to the petitioner within a period of eight
weeks from the date of receipt of copy of this order.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.02.2021
CORAM
MR.JUSTICE G.R.SWAMINATHAN
WP(MD)No.2721 of 2017
Tamil Selvi Vs. The State of Tamil Nadu,
Dated:01.02.2021
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