LAWS(KER)-2019-3-321

SUNIL BABU Vs. STATE POLICE CHIEF

Decided On March 27, 2019
Sunil Babu Appellant
V/S
STATE POLICE CHIEF Respondents

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows: "

(2.) Heard Sri.Ajith Krishnan, learned counsel appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Prosecutor appearing for the respondents.

(3.) It is stated that the petitioner belongs to Scheduled Caste community and he is eking out his livelihood by working as a driver. On account of thyroid complaint, the petitioner's wife was admitted as an inpatient in the Government Medical College, Thiruvananthapuram, and had undergone surgery on 11.7.2018 at about 8 am. After the surgery at about 3.30 pm on the same day, she was left unattended and the doctors had failed to provide oxygen, it is averred. That due to breathing problem on account of non provision of oxygen, the petitioner's wife had deteriorated and she became paralytic and again she was taken for second operation on the next day, viz 12.7.2018. After the second surgery, she was kept in the ventilator in the Super Speciality Block. On 24.7.2018, the news of the death of the petitioner's wife was intimated to him. Ext.P-2 is the postmortem certificate dated 24.7.2018. The petitioner would state that the omission to provide oxygen after the first operation is so gross and rash on the part of the doctors and that this led to her death. Ext.P-1 is the FIR in of Thiruvananthapuram Medical College Police Station, which was registered under Sec.174 of the CrPC on the premise that this is an unnatural death. But that no effective investigation has been conducted to find out whether the petitioner's wife's death was caused due to the medical negligence of the doctors or the other professionals who treated her.