SOBHAG MAL JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The question for consideration in the instant writ petition relates to the quantum of compensation to be paid to the husband of the deceased-housewife, whose death is attributed to medical negligence.

(2.) Contextual fact depict that the petitioner got his pregnant wife Kanno alias Kanta Devi admitted in the Govt. Hospital Sawai Madhopur who gave birth to twins but excessive bleeding after delivery could not be controlled on account of negligence of the doctors and she died. The Director, Medical and Health Services, Govt. of Rajasthan, Jaipur directed the Deputy Director, Medical and Health Services, Jaipur to conduct inquiry in the matter. The Deputy Director after recording the statements of doctors, nurses and the other staff deputed in the Hospital opined in the report that the wife of the petitioner died on account of negligence of Dr. P.C. Jain and Dr. Pushpa Gupta, who after repeated requests did not attend the patient. The operative part of the report reads as under : (Vernacular matter omitted..... Ed.) On the FIR submitted by the petitioner the police gave final report. The Chief Judicial Magistrate Sawai Madhopur vide its order dated August 8, 1984 held that for taking cognizance against Dr. P.C. Jain and Dr. Pushpa Gupta prior sanction under Section 197 of the State Government was necessary, therefore, necessary sanction was sought but the State Government vide its communication dated Feb. 22, 1986 refused to grant sanction for prosecution of Dr. Prem Chand Jain and Dr. Pushpa Gupta. Against the communication dated Feb. 22. 1986 the petitioner filed a writ petition before this Hon'ble Court. The said writ petition was registered as D.B. Civil Writ Petition No. 418/1987. The Division Bench of this Court vide its judgment dated October 12, 1990 allowed the writ petition and directed the State Government to pass fresh speaking order after hearing both the parties. The State Government vide a detailed speaking order dated November 14, 1991 refused to grant sanction for prosecution of the aforesaid doctors. On January, 22, 1992 after passing of the orders by the State Government the petitioner through his advocate sent a notice by registered post to reconsider the matter. Thereafter instant writ petition has been filed by the petitioner (husband of deceased-Kanno) for awarding compensation and prosecution of the doctors.

(3.) The respondents 1 and 2 filed a reply to the writ petition. In regard to the report of Director, Medical and Health Services it has been averred that death was not caused by the negligence of the doctors. The allegation of the petitioner that the respondents 3 and 4 prevailed upon the high officials of respondent No. 1 was denied and it has been stated that the matter of sanction for prosecution was processed from the lowest to the highest level and after considering all the relevant record, the State Government decided not to accord sanction for prosecution. The delivery of children was quite normal and the patient and the children had responded the treatment very well but later on there was bleeding which could not be controlled despite of the best medical treatment. It has also been pleaded that if the requisite blood was not available in Sawai Madhopur General Hospital, the treating doctors could not be said to be negligent in performing their duties. The authorities did not find any negligence or fault on the part of the doctors or the para medical staff. It has also been stated that the writ petition is not maintainable as the High Court cannot sit in appeal over the order of refusing sanction for launching prosecution. The writ petition is not maintainable as the petitioner has raised disputed questions of fact.