MARBLE ROOSEVELT Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE two petitions relate to a very unfortunate case of a person by name Sri Roosevelt who suffered a cardiac arrest while under anaesthesia for undergoing surgery in the Medical College Hospital, Trivandrum, and sustained severe cerebral damage on account of lack of blood circulation to the brain during the period that elapsed before he could be revived. The resultant situation is that, for the past more than one and a half years, he is lying in the pay ward of the said Hospital in a semi -conscious state having been reduced more or less to the state of a vegetable because of the loss of vital aspects of his brain function. A claim for recovery of compensation from the respondent State of Kerala has been put forward on his behalf by his wife who is the petitioner in O.P.No. 15 of 1989. O.P.No.16 of 1989 has been filed by the Consumer Protection Council of Kerala as representing the family of Sri Roosevelt including Mrs. Roosevelt, for the same relief.

(2.) IT has been stated on oath in the affidavit filed before us on behalf of the respondents that the treatment given to Shri Roosevelt was free of charge since he had declared his income to be only Rs. 300/ - per month. Though it was pointed out to us by the authorised representative appearing on behalf the petitioner in O.P. No. 15 of 1989 that this declaration pertained only to the initial admission of Shri Roosevelt into the hospital for a couple of days for a CAT scan being done, there is absolutely no material placed before us to show that any charge was levied for the treatment of Shri Roosevelt during the period when Shri Roosevelt had been readmitted in the hospital for the surgical operation. We do not therefore see any ground for not accepting as true the averment contained in the counter affidavit filed on behalf of the State of Kerala that Shri Roosevelt had been admitted in the hospital for treatment free of charge. Such being the factual position, this case is clearly governed by the principles laid down by us in our Order coated 15.12.1989 in F.A. No. 2 of 1989 (The Consumer Unity and Trust Society, Jaipur v. The State of Rajasthan and others and the claim for compensation brought against the State Government cannot be maintained.

(3.) AS already observed by us, this is a most unfortunate case and it deserves to be approached as an intensely human problem rather than from a purely legalistic angle. Accordingly we suggested to the learned Counsel appearing on behalf of the State Government of Kerala that it would only be just, fair and appropriate if the State Government would undertake to provide treatment to Shri Roosevelt in the Medical College Hospital, Trivandrum totally free of charge exempting his case from even the payment of room rent for the occupation of a room in the pay ward as well as from charges of any other kind that might have hitherto been levied from his family for his treatment in the said Hospital, and to continue to give such free treatment to him till such time as he recovers from his present state of total disability. We also suggested to the Counsel for the State Government that since Sri Roosevelt was the sole earning member of his family the State Government should provide some suitable employment in its service to either Mrs. Roosevelt or to either of the two children of Shri Roosevelt on purely compassionate grounds so that the family may be saved from the inevitable state of starvation in which it will otherwise be placed. Counsel appearing on behalf of the State Government brought it to our notice that Shri Roosevelt was in the Military Engineering Service of the Central Government in the establishment of the Garrison Engineer, Triunelveli and the question of providing some employment to his son in the said Department is under the consideration of the Central Government and that for the said purpose a certificate confirming the invalid state of Shri Roosevelt is being forwarded by the State Government to the appropriate authorities of the Central Government. In case the Central Government does not provide a job to either of the two children of Shri Roosevelt within a period of four months from today, the State Government should provide some suitable employment atleast on a temporary basis to either of the two childlren of Shri Roosevelt or to Mrs. Roosevelt in any department of the State Government at Trivandrum. If and when the Central Government provides a job to one of the childlren of Shri Roosevelt, the obligation of the State Government to retain Mrs. Roosevelt or one of the children in its service will automatically cease. These two original peititions will stand disposed of with the above observations and directions.