A.S. Mittal & Ors. Vs. State of U.P. & Ors.
EmailAppeal: Writ Petition (Civil) No. 1247 of 1986.
Petitioner: A.S. Mittal & Ors.
Respondent: State of U.P. & Ors.
Apeal: Writ Petition (Civil) No. 1247 of 1986.
Judges: RANGANATH MISRA & MURARI MOHAN DUTT, JJ.
Date of Judgment: Aug 21, 1987
Appearances:
Ranji Thomas & T. Sridharan for the Petitioner.
Mrs. Shobha Dixit for the Respondent.
Head Note:
EYE CAMPS:
Post operational care and negligence – Non-compliance of terms of permission of holding eye camp – Norms for holding eye camp require close scrutiny – Interim compensation of Rs.5000/- each to be paid to 84 persons who lost their eye sight – Matter adjourned.
JUDGEMENT:
O R D E R
1. This application under Article 32 of the Constitution is at the instance of the General Secretary and the Convener respec-tively of the Union for Welfare and Human Rights and is in the nature of a public interest litigation. The Lions club, Pottery Town, Khurja in Uttar Pradesh Respondent No. 4 herein organised an eye camp on 21st of April, 1986. The camp was located at Aggarwal Dharamshala, Novelty Road, Khurja. In the latter part of April, Khurja becomes unusually warm and on the date when the eye camp was held the temperature was about 44 degree celsius in the afternoon. Dr. Sahai, Respondent No. 2, an Eye-Specialist of Jaipur in the State of Rajasthan was the head of the team which conducted operations at the eye camp. Requisite permission from the Chief Medical Officer had been obtained for the purpose. 108 patients were treated for cataract at the eye camp. Of them, 84 persons lost their eye sight. It is alleged that on the same day, Respondent No.2 conducted another eye camp at Moradabad. Allega-tions of non-supervision, lack of post-operational care and negligence as also non-compliance of the terms of the permission to hold the eye camp been made. A magisterial inquiry as also a departmental inquiry by the Uttar Pradesh Government have been conduct in this connection. The two reports are already a part of the record. A prayer, inter alia, for compensation to the unfor-tunate patients has been made.
2. The Medical Council has been noticed in the proceedings. The eye-Surgeon, Respondent No.2, has also filed his affidavit. Parties agree that this matter has to be examined at greater length and perhaps norms laid down in the matter of holding of eye-camps have to be closely scrutinised to find out if they are adequate. For that purpose we adjourn the matter for hearing on September 15, 1987.
3. As indicated above, 84 of the patients have lost their eyes. By way of interim compensation, we direct the State of Uttar Pradesh to pay a sum of Rs.5,000/- to each of the patients towards compensation within one month from today. An affidavit shall be filed at the end of the 5th week from now indicating compliance with this direction. Whether further compensation would be paid and as to whether in regard to the compensation now given, or that may further be given, the liability shall be shared with any other party will also be examined when the matter if further heard.
1. This application under Article 32 of the Constitution is at the instance of the General Secretary and the Convener respec-tively of the Union for Welfare and Human Rights and is in the nature of a public interest litigation. The Lions club, Pottery Town, Khurja in Uttar Pradesh Respondent No. 4 herein organised an eye camp on 21st of April, 1986. The camp was located at Aggarwal Dharamshala, Novelty Road, Khurja. In the latter part of April, Khurja becomes unusually warm and on the date when the eye camp was held the temperature was about 44 degree celsius in the afternoon. Dr. Sahai, Respondent No. 2, an Eye-Specialist of Jaipur in the State of Rajasthan was the head of the team which conducted operations at the eye camp. Requisite permission from the Chief Medical Officer had been obtained for the purpose. 108 patients were treated for cataract at the eye camp. Of them, 84 persons lost their eye sight. It is alleged that on the same day, Respondent No.2 conducted another eye camp at Moradabad. Allega-tions of non-supervision, lack of post-operational care and negligence as also non-compliance of the terms of the permission to hold the eye camp been made. A magisterial inquiry as also a departmental inquiry by the Uttar Pradesh Government have been conduct in this connection. The two reports are already a part of the record. A prayer, inter alia, for compensation to the unfor-tunate patients has been made.
2. The Medical Council has been noticed in the proceedings. The eye-Surgeon, Respondent No.2, has also filed his affidavit. Parties agree that this matter has to be examined at greater length and perhaps norms laid down in the matter of holding of eye-camps have to be closely scrutinised to find out if they are adequate. For that purpose we adjourn the matter for hearing on September 15, 1987.
3. As indicated above, 84 of the patients have lost their eyes. By way of interim compensation, we direct the State of Uttar Pradesh to pay a sum of Rs.5,000/- to each of the patients towards compensation within one month from today. An affidavit shall be filed at the end of the 5th week from now indicating compliance with this direction. Whether further compensation would be paid and as to whether in regard to the compensation now given, or that may further be given, the liability shall be shared with any other party will also be examined when the matter if further heard.
