Mumbai: The Bombay High Court has emphasized the importance of upholding basic human rights, particularly in cases of medical negligence. The court directed the Thane Municipal Corporation (TMC) to pay a pending balance of ₹10 lakh, along with interest, to a boy who lost his leg due to medical negligence at a civic-run hospital in 2010.
Background of the Case
A division bench of Justices Girish Kulkarni and Advait Sethna, in their order dated January 14, noted that the incident occurred at Chhatrapati Shivaji Maharaj Hospital in Kalwa, operated by the TMC. The victim, Mohammed Shehjan Shaikh, was just two years old at the time. Due to medical negligence, his left leg had to be amputated below the knee, leaving him with a permanent disability.
The court remarked that human life should not be treated as “so worthless” that meager compensation is considered sufficient. The suffering endured by the boy and his family demands not just monetary compensation but also accountability from the authorities.
Court’s Directives
The court ordered the TMC to:
- Immediately pay the ₹10 lakh balance compensation awarded by the Maharashtra State Human Rights Commission (MSHRC) in 2016.
- Add a 12.5% annual interest on the pending amount.
The bench observed, “Money can never truly compensate for the suffering endured, but justice demands adequate accountability.”
Systemic Accountability Urged
The High Court highlighted the urgent need for authorities to uphold fundamental human rights, particularly in healthcare. It emphasized that negligence of this nature impacts lives profoundly, and without fixing accountability, such incidents will continue.
The court also called for a systemic change, urging authorities to develop a “genuine consciousness” of their duties towards affected individuals, especially those reliant on public institutions.
Timeline of Compensation
- In 2014, the boy’s father, Mohammad Ziyauddin Shaikh, a plumber, received ₹10 lakh as ex-gratia compensation from TMC.
- Dissatisfied, he approached the MSHRC, which in 2016 directed the TMC to pay ₹15 lakh with interest.
- The TMC argued that the ₹10 lakh already paid should count as part of the compensation and paid an additional ₹5 lakh.
- The father then approached the High Court for clarity.
The HC ruled that the ₹10 lakh ex-gratia payment made before the MSHRC’s order could not be adjusted towards the ₹15 lakh compensation. Thus, the total compensation now amounts to ₹25 lakh, including the voluntary ex-gratia payment.
Conclusion
The Bombay High Court’s order is a significant step towards holding authorities accountable for medical negligence. The bench reiterated that justice goes beyond monetary relief, aiming to instill a sense of responsibility in public institutions to safeguard human rights. The case also serves as a reminder of the critical need for systemic reforms in public healthcare to prevent such incidents in the future.