The Bombay High Court on Monday directed the state government to pay Rs 22 lakh in compensation to the wife and two children of a 52-year-old man who was killed in 2013 at Yerwada Mental Hospital in Pune by a violent fellow inmate.
Court's Observation on State's Failure
Justices Manish Pitale and Shreeram Shirsat observed, "The admitted position on record shows that the state failed in its duty to take care and failed in its public duty, resulting in violation of fundamental rights..." They directed that Rs 22 lakh be paid "towards monetary compensation for the loss of life" within eight weeks, after which it will attract 9% interest per annum.
Background of the Incident
The deceased, a real estate agent suffering from schizophrenia, was admitted to Yerwada Mental Hospital on November 19, 2013. On November 21, 2013, his wife was informed that he and another patient had been killed by an inmate the previous night. Through the Right to Information Act, she learned that there was insufficient staff on duty. The family approached the High Court seeking Rs 29 lakh in compensation, terming it a 'custodial death'.
The family's advocate, Vrushali Maindad, requested compensation as paid for custodial deaths, noting that no statute governs situations where a person loses life in a government-run mental hospital due to negligence. She also highlighted that the deceased's son suffers from 90% mental disability.
Findings of Gross Negligence
The judges noted that the postmortem report revealed death was due to head injury and throttling. The deceased was in the "care and custody" of the hospital run by the government. "It was the duty of the respondent-state to ensure safety of all the patients undergoing treatment in the said mental hospital by providing adequate facilities and staff," they added. As per the State Mental Health Rules, there was a requirement of one attendant for every five patients. The state's reply conceded that only three attendants were on duty that night for 72 patients in the observation ward. Additionally, the hospital authorities "did not take care to ensure that violent patients like the said accused were segregated from other patients..."
"We find there is gross negligence on their part as evident from admitted facts, requiring no further evidence in the matter," the judges added.
Compensation Calculation
The judges agreed with amicus curiae advocate Mayur Khandeparkar that compensation as determined in motor accident claims can be the basis for awarding monetary compensation to the petitioners. While calculating compensation at Rs 17 lakh, they enhanced it by Rs 5 lakh for the "needs" of the deceased's son, considering he "is unable to earn independently" and his mother would have to take care of him "throughout her life."
