Mumbai: In a landmark ruling on Tuesday, the Bombay High Court directed the Thane Municipal Corporation (TMC) to pay ₹15 lakh compensation, along with 12.5% annual interest, in a medical negligence case involving a two-and-a-half-year-old child, Mohd Shehjan Shaikh, whose leg was amputated due to inadequate medical attention in 2010.
Case Background
- Incident: Mohd Shehjan Shaikh was admitted to Chhatrapati Shivaji Maharaj Hospital in Thane, where negligence led to the amputation of his left leg below the knee.
- Initial Compensation: The child’s father, Mohammad Ziyauddin Shaikh, a plumber, received an ex-gratia payment of ₹10 lakh from TMC in 2014.
- MSHRC Order: The Maharashtra State Human Rights Commission (MSHRC), in 2016, directed TMC and the affiliated Rajiv Gandhi Medical College to pay ₹15 lakh compensation with 12.5% interest, noting the negligence and lack of humane treatment by hospital staff.
Legal Dispute
- TMC’s Argument: Advocates for TMC argued that the ₹10 lakh paid before the MSHRC order should be considered part of the ₹15 lakh compensation.
- Petitioner’s Stand: Advocates for the petitioner contended that the ₹10 lakh was a voluntary payment and the MSHRC-mandated amount of ₹15 lakh was still due.
Court’s Decision
The division bench of Justices G S Kulkarni and Advait M Sethna:
- Criticised TMC for not seeking clarification on the MSHRC order over eight years.
- Declared the dean’s earlier payment of ₹5 lakh towards the mandated amount as illegal.
- Ordered TMC to pay ₹15 lakh in full, along with 12.5% interest, within six weeks.
Significance of the Judgment
- Accountability: The court stressed that without fixing accountability in cases of institutional negligence, systemic changes would not occur.
- Human Rights Focus: The judgment reinforced the importance of protecting human rights and ensuring redressal for victims of medical negligence.
This ruling highlights the judiciary’s commitment to holding institutions accountable and ensuring fair compensation for victims of negligence.
