In a landmark order highlighting severe administrative negligence, the Kerala State Human Rights Commission (SHRC) has directed the state government to pay a compensation of Rs 5 lakh to a patient who endured a harrowing 42-hour ordeal trapped inside a faulty lift at the Government Medical College Hospital in Thiruvananthapuram.
The Harrowing Incident and SHRC's Directive
The commission, chaired by Justice Alexander Thomas, issued the order, mandating the compensation be paid to the victim, Ravindran Nair of Pongummoodu, within two months. The SHRC clarified that the government can later legally recover this amount from the officials or agencies found responsible for the lapse. Furthermore, if the company contracted for the lift's maintenance is proven negligent, the government is free to initiate separate legal action against them.
Justice Thomas's order leaves no room for ambiguity regarding the facts. It notes that there was no dispute from the involved parties that Ravindran Nair was trapped in the lift from 11:15 am on July 13 to 6:00 am on July 15 last year. The lift, which was known to be faulty, was neither locked nor had any warning signs posted, leaving it as a death trap for unsuspecting patients and visitors.
Systemic Failures and Gross Negligence
The SHRC investigation uncovered a chain of systemic failures. The medical college authorities were responsible for appointing a lift operator at least from 10 am to 5 pm, a rule that was blatantly ignored. The probe report indicated that the lift frequently malfunctioned and broke down even after repairs, suggesting a complete lack of proper maintenance and oversight.
"The commission views this incident seriously, especially in a medical college that receives thousands of patients daily," the order stated. It emphasized that Nair's life was at grave risk and he was saved only by sheer luck, pointing to a severe dereliction of duty and negligence on the part of the concerned officials.
Comprehensive Relief for the Victim
Beyond the financial compensation, the SHRC order provides for holistic rehabilitation of the victim. The hospital superintendent has been directed to provide all necessary physical and mental health treatments to Ravindran Nair free of cost to address the distress caused by the traumatic incident. The order specifically states that a clinical psychologist should be made available if required.
The commission also mandated that a report on the actions taken must be submitted to its office after the compensation is provided. This case was registered by the SHRC on its own motion based on a news report, and was later followed by a formal complaint filed by Nair himself.
While firmly establishing the state's liability alongside that of the staff, Justice Thomas noted in the order that although the complainant was entitled to compensation, the amount he had originally sought was deemed unreasonable. The Rs 5 lakh compensation was adjudged as justified for an incident where a patient's life was endangered due to official apathy in a premier public healthcare institution.
