VISHAL OSATWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is the son of Sri Rajesh Kumar Osatwal. Proforma respondent no.3 is the wife and Proforma respondent nos.4 and 5 are the daughters of the said Rajesh.

(2.) Rajesh, while attending a family wedding in Secunderabad, suffered from a heavy chest congestion and chest pain on November 21, 2015 and was transported to a hospital in Secunderabad. Upon treatment, he showed signs of improvement. However, on November 24, 2015, at about 10a.m., the patient developed right-sided Hemiparesis accompanied by right-sided Upper Motor Neuron (UMN) type of VII Nerve Palsy. A massive subdural hematoma on the left side of the brain extending from the frontal to occipital region was discovered on CTScan. Due medical procedure was carried on under expert supervision on the petitioner's father thereafter.

(3.) On November 26, 2015, another CT scan revealed an acute intracerebral haemorrhageaffecting the right capsule ganglionic region accompanied by surrounding oedema. The patient remained on ventilator continuously for a month thereafter and was released on December 23, 2015, upon which he was taken a health-care centre at Hyderabad namely Suvitas Holistic Healthcare Pvt. Ltd., which is a leading rehabilitation centre, on inpatient transition care facility for comprehensive nursing care, physiotherapy and specialized medical nutrition. All the children of Rajesh and his wife, including the petitioner, used to travel to and fro between Hyderabad and their residences during the said period.