MAYABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . Heard forthwith by consent of the learned Counsel for the parties. The petitioner No. 1 is the widow of deceased Narendra Ramaji Kokarde who is alleged to have met an accidental death, after having met with an accident near Bhole Petrol Pump, BHEL Office, Nagpur, on being hit by a motor vehicle bearing Registration No. MH31/H.1544 (Tata Mobile). Narendra Ramaji Kokarde was rushed to Sitabuldi Police Station, Nagpur, from where he was sent to the Government Medical College and Hospital, Nagpur, for necessary treatment. The Medical Officer at the Casualty Ward and the Surgeon on duty happened to examine him and, on diagnosis, found that the patient had abrasion on forehead and abrasion on right leg. No evidence of heard injury was present, and they did not feel it necessary to admit him as an indoor-patient for treatment. Therefore, the police brought back the injured at Sitabuldi Police Station where he was lodged to take rest. Narendra Kokarde thereafter died in the Police Station itself.

(2.) THE necessary inquest was made and the dead body of Narendra Kokarde was sent to the Government Medical College and Hospital, Nagpur, for postmortem examination. On the autopsy being conducted, the Medical Officer found in all 14 injuries on this body, which was recorded in Col. 17 of the post-mortem report, and are as under:

(3.) CONSIDERING all these circumstances, the petitioner felt that her husband Namdeorao Kokarde has died due to the negligence on the part of the Police Officers and the Medical Officers in providing proper treatment to him, and as her husband has died while he was in the custody of the police, she has prayed for grant of compensation in the sum of Rs. 7,00,000/- and for an enquiry through CBI and for taking appropriate action against the Police Officers and the Medical Officers.