PARIMAL CHAKRABORTY Vs. BIJAYA PAUL

JUDGEMENT

(1.) These two appeals have been preferred against the judgment and order dated 23-7-2001 of the learned single Judge of this Court passed in W.P. (C) No. 41 of 1999. Therefore, these two appeals are being disposed of by a common judgment & order.

(2.) By the impugned order dated 23-7-2001, the learned single Judge while entertaining the Writ Petition (Civil) No. 41 of 1999 filed by Smt. Bijaya Paul regarding claim of compensation in reference to the death of her husband on the allegation of negligence in medical treatment in G. B. Hospital, Agartala. has awarded a compensation of Rs. 1,00,000/- to the writ petitioner with a direction to recover the said amount from the erring doctors, namely Dr. Dhruba Kishore Paul and Dr. Parimal Chakraborty of Kakraban Primary Health Centre after making a formal enquiry. Apart from that medical department was expected to initiate separate disciplinary proceeding against the above two doctors for commission of gross misconduct in attending the patient in Government Primary Health Centre at Kakraban.

(3.) It has been argued on behalf of the writ petitioner/respondent that the husband of the writ petitioner Krishna Kishore Paul, aged about 60 years sustained severe burnt injury due to fire accident in his house in the night of 23-10-1997 and he was brought to Kakraban Primary Health Centre, South Tripura. The attending doctor, namely, Dr. Dhruba Prasad Paul, appellant in Writ Appeal No. 102 of 2001 though admitted the patient but neither administered medicine and in the following morning said doctor left the Primary Health Centre without handing over the charge of the patient to any other doctor nor prescribed any medicine to the patient. On 24-1- 1997 another doctor, namely. Dr. Parimal Chakraborty. appellant of Writ Appeal No 101 of 2001 initially refused to take care of the patient on the ground that patient was admitted under the superintendence/appellant Dr. Dhruba Prasad Paul. However, on request said appellant Dr. Parimal Chakraborty attended the patient and administered few medicines. The appellant Dr. Dhruba Prasad Paul did not resume his duty till 4-2-1997. Since the condition of the patient had been deteriorated and despite the writ petitioner's request no proper treatment was extended, the writ petitioner approached to the Hon'ble Health Minister and at his intervention the patient was shifted to G. B. Hospital where he was admitted in Male Surgical Ward No. II, but the attending doctor, respondent No. 6. Dr. Pratap Sanyal did not take care of the patient and the dressing on the injuries/wounds had to be managed privately spending expenditure by the writ petitioner. Even the doctor at G. B. Hospital particularly, Dr. Pratap Sanyal, respondent No. 6 herein advised that unless the patient is shifted to 'Care & Cur' a privately managed Nursing Home, Agartala it would be very difficult for him to provide the patient better treatment in the hospital. Unfortunately, the writ petitioner's husband died on 1-3-1997.