R. SHANMUGAKANI Vs. THE GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS is a very pathetic and unfortunate case, where the most celebrated proverb, "OPERATION SUCCESS, PATIENT DIED" comes to our mind.

(2.) THE first petitioner, who had lost his wife, at her young age of 23 years, due to the callous attitude on the part of the Doctors, while performing surgery, has come forward to file the present Writ Petition, along with his minor children, seeking a Writ of Mandamus directing the respondents to pay compensation of Rs.15,00,000/ - for the death of his wife -Ramalakshmi with reasonable interest.

(3.) THE further case of the petitioners is that the deceased was doing Tailoring Work in East India Surgicals, Chatrapatti, Rajapalayam and earning a sum of Rs.140/ - per day. However, the first respondent, without considering the above aspect, sanctioned a very meagre sum of Rs.2,50,000/ - in favour of the petitioners 2 and 3, vide G.O.Ms.No.81, Health and Family Welfare Department, dated 25.04.2003. The petitioners, thereafter, submitted an application before the District Consumer Redressal Forum, Virudhunagar District, in C.C.No.43 of 2006, seeking compensation of a sum of Rs.15,00,000/ -, which was dismissed. Challenging the same, an appeal in F.A.No.880 of 2008 came to be filed and the State Commission held that the Consumer Forum has no jurisdiction and gave liberty to move the appropriate forum. Since the appeal was dismissed, the petitioners submitted representation, on 17.10.2011, before the respondents 1 to 3 seeking compensation of a sum of Rs.15,00,000/ -. Under the above circumstances, the present Writ Petition has been filed.