SURAJ MAL CHHAJER Vs. STATE

JUDGEMENT

(1.) Petitioner Shri Suraj Mal Chhajer is an unfortunate father of an young daughter deceased Dr. Veena Chhajer, a Resident Doctor, who died at the age of only 25 years, has filed this petition in his individual capacity as well as by way of Public Interest Litigation praying that the State Government be directed to appoint a High Power Committee consisting to independent persons not associated with affairs of Dr. S. N. Medical College, Jodhpur to inquire in to the circumstances leading to the death of his daughter Dr. Veena Chhajer, who died while performing her duties due to Hepatitis-"B" at Mathuradass Mathur Hospital and prayed for compensation of Rs. 50 Lacs. He has also prayed that the State Govt. and the Hospital Administration be directed to provide adequate infra structure facilities to the Resident Doctors working in the hospitals of HRs Ag (sic) and HIV and other adequate protective measures like; disposable gloves, syringes, needles etc. to the doctors and staff working at the Govt. Hospitals.

(2.) On 27-9-96 notice was ordered to be issued to the respondents by this Court. In pursuance of that notice, learned counsel Shri R. P. Dave appears for the respondents Nos. 1 and 2. He has filed reply affidavit and also produced the report of the Inquiry Committee constituted by the Principal, Dr. S. N. Medical College, Jodhpur, in to the death of Dr. Veena Chhajer.

(3.) Learned counsel for the respondents Shri Dave raised a preliminary objection about the maintainability of this writ petition on the ground of alternative remedy available to the petitioner before the civil Court by way of civil suit. He submitted that this is not a case where this Court can grant compensation as prayed for to the petitioner because this Court cannot go into the disputed questions of facts regarding negligence of the respondents and other questions. However, learned counsel for the petitioner Mr. Joshi relying upon the Apex Court's judgment in case of D. K. Basu v. State of West Bengal reported in (1997) 1 SCC 416 : (AIR 1997 SC 610) submitted that this Court can certainly grant some reasonable amount by way of interim compensation to the petitioner for fighting litigation against the mighty respondents before the civil Court, which is the most incumbersome process. In D. K. Basu's case (supra) the Hon'ble Supreme Court has held that compensation can be granted under Public law by the Supreme Court and also by the High Courts in addition to private law remedy for the tortious action and punishment to wrongdoer and the ultimate award of compensation in Public law proceedings may be adjusted against the damages awarded in civil suit.